Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3a_8
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3A cl 8
Character Range: 126720–128744

8  Terms about disputes relating to matters arising under Division 2B State employment agreements
(1) This item applies if the source agreement for a Division 2B State employment agreement includes a term that provides for disputes relating to matters arising under the agreement to be settled by:
 (a) a State industrial body; or
 (b) a person who is independent of the employers, employees or organisations covered by the source agreement.
(2) Item 13 of this Schedule does not apply in relation to the term.
Note: Item 13 would otherwise result in references in the term to a State industrial body having effect as if they were references to the FWC.
(2A) However, if the term provides for disputes relating to matters arising under the source agreement to be settled by a State industrial body, then, despite anything in the source agreement or a law of the source State:
 (a) the State industrial body may settle, or decline to settle, such a dispute; and
 (b) the FWC may settle such a dispute if the State industrial body:
 (i) ceases to exist; or
 (ii) declines to settle the dispute.
(3) The FWC must, on application in accordance with subitem (4), vary the term in accordance with the application.
(4) For the purpose of subitem (3), an application must be made:
 (a) by an employer to which the Division 2B State employment agreement applies, or by an organisation that is entitled to represent the industrial interests of such an employer, with the consent of:
 (i) one or more employees to whom the agreement applies; or
 (ii) an organisation that is entitled to represent the industrial interests of one or more such employees; or
 (b) by an employee to whom the Division 2B State employment agreement applies, or by an organisation that is entitled to represent the industrial interests of such an employee, with the consent of:
 (i) an employer to which the Division 2B State employment agreement applies; or
 (ii) an organisation that is entitled to represent the industrial interests of such an employer.