Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:7_20
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 7 cl 20
Character Range: 308681–310132

20  Definitions
In this Part:
prospective unmodernised award covered employee, for an enterprise agreement, means a person who, if he or she were an employee at the test time of an employer covered by the agreement:
 (a) would be covered by the agreement; and
 (b) would be covered by an award‑based transitional instrument (the relevant award‑based transitional instrument) that:
 (i) is in operation; and
 (ii) would cover the person in relation to the work that he or she would perform under the agreement; and
 (iii) covers the employer.
test time:
 (a) for the purposes of item 18—means the time the application for approval of the agreement by the FWC was made under section 185 of the FW Act; and
 (b) for the purposes of item 19—means the time the application for approval of the variation of the enterprise agreement by the FWC was made under section 210 of that Act.
unmodernised award covered employee, for an enterprise agreement, means an employee who:
 (a) is covered by the agreement; and
 (b) at the test time, is covered by an award‑based transitional instrument (the relevant award‑based transitional instrument) that:
 (i) is in operation; and
 (ii) covers the employee in relation to the work that he or she is to perform under the agreement; and
 (iii) covers his or her employer.

Part 4A—Transitional provisions to apply the better off overall test to enterprise agreements that cover Division 2B State award covered employees