Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3a_26a:p2
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3A cl 26A (pt 2/3)
Character Range: 150167–152862

the Division 2B State employment agreement for a period of no more than 4 years if the FWC is satisfied that:
 (a) subitem (7), (8) or (9) applies and it is otherwise appropriate in the circumstances to do so; or
 (b) it is reasonable in the circumstances to do so.

(7) This subitem applies if:
 (a) the application is made at or after the notification time for a proposed enterprise agreement; and
 (b) the proposed enterprise agreement will cover:
 (i) if the application relates to an individual Division 2B State employment agreement—the employee covered by the individual Division 2B State employment agreement; or
 (ii) if the application relates to a collective Division 2B State employment agreement—the same, or substantially the same, group of employees as the Division 2B State employment agreement; and
 (c) bargaining for the proposed enterprise agreement is occurring.

(8) This subitem applies if:
 (a) the application relates to an individual Division 2B State employment agreement; and
 (b) the employee covered by the agreement would be an award covered employee for the agreement under subitem (10) if the agreement were a collective Division 2B State employment agreement; and
 (c) it is likely that, as at the time the application is made, the employee would be better off overall if the agreement applied to the employee than if the relevant modern award referred to in that subitem applied to the employee.

(9) This subitem applies if:
 (a) the application relates to a collective Division 2B State employment agreement; and
 (b) it is likely that, as at the time the application is made, the award covered employees for the agreement under subitem (10), viewed as a group, would be better off overall if the agreement applied to the employees than if the relevant modern award or awards referred to in that subitem applied to the employees.

(10) For the purposes of subitems (8) and (9), the award covered employees for a collective Division 2B State employment agreement are the employees who:
 (a) are covered by the agreement; and
 (b) at the time an application is made under subitem (4) in relation to the agreement, are covered by one or more modern awards (the relevant modern awards) that:
 (i) are in operation; and
 (ii) cover the employees in relation to the work that the employees are to perform under the agreement; and
 (c) are employed at that time by an employer who is covered by the agreement and by one or more of the relevant modern awards.

Publication of decisions etc.

(10A) The FWC must publish the following, on its website or by any other means that the FWC considers appropriate:
 (a) a decision under subitem (6);
 (b) any written reasons