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Fair Work (Transitional Provisions and Consequential Amendments) Bill 2009

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The Parliament of the

Commonwealth of Australia








Fair Work (Transitional Provisions and Consequential Amendments) Bill 2009




(1)     Schedule 3, page 25 (after line 29), after item 9, insert:

9A  All kinds of transitional instrument: application of better off overall test

(1)       FWA may make a determination under this item on application by a person covered by a transitional instrument.

(2)       If FWA is satisfied that the transitional instrument would not pass the better off overall test in section 193 of the FW Act, FWA may make any order that FWA considers appropriate to remedy the situation, including:

                     (a)  an order terminating the instrument;

                     (b)  an order varying the instrument to comply with the better off overall test.

[application of better off overall test]

(2)     Schedule 3, item 18, page 29 (line 4) to page 30 (line 7), omit the item, substitute:

18  Individual agreement-based transitional instruments: automatic termination when enterprise agreement comes into operation

(1)       This item applies if:

                     (a)  an enterprise agreement (the proposed enterprise agreement ) is made that covers the employee and the employer; and

                     (b)  the proposed enterprise agreement comes into operation.

(2)       If the employee and the employer are covered by an individual agreement-based transitional instrument, that agreement is terminated when the proposed enterprise agreement comes into operation.

[automatic coverage of enterprise agreements]

(3)     Schedule 13, item 2, page 166 (lines 9 to 37), omit subitems (2) and (3), substitute:

(2)       The employee is taken, for the purposes of the FW Act, to be at that time an employee who is or will be covered by an enterprise agreement or a proposed enterprise agreement.

 [automatic coverage of enterprise agreements]