Document ID: chunk:federal_register_of_legislation:C2009A00124:clause:3a_20c
Version: federal_register_of_legislation:C2009A00124
Segment Type: clause
Provision Reference: sch 3A cl 20C
Character Range: 145692–146961

20C  Definitions
In this Part:
Division 2B State 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 a Division 2B State award (the relevant Division 2B State award) 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.
prospective Division 2B State 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 a Division 2B State award (the relevant Division 2B State award) 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 20A—means the time the application for approval of the enterprise agreement by FWA was made under section 185 of the FW Act; and
 (b) for the purposes of item 20B—means the time the application for approval of the variation of the enterprise agreement by FWA was made under section 210 of that Act.