Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_20a:p1
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 20A (pt 1/3)
Character Range: 214923–217627

20A  Automatic sunsetting of all remaining agreement‑based transitional instruments

Automatic sunsetting
(1) An agreement‑based transitional instrument terminates at the end of the grace period for the instrument if the instrument has not already terminated before that time.
(2) The grace period for an agreement‑based transitional instrument is:
 (a) subject to paragraph (b), the period of 12 months (the default period) beginning on the day Part 13 of Schedule 1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 commences; or
 (b) if the default period is extended for the instrument on one or more occasions under subitem (6) or paragraph (11)(e)—the default period as so extended.

Employer to give notice to employees
(3) An employer covered by an agreement‑based transitional instrument must, before the end of 6 months beginning on the day Part 13 of Schedule 1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 commences, give each employee who is covered by the instrument and employed by the employer at the end of that period written notice advising the employee:
 (a) that the employee is covered by an agreement‑based transitional instrument; and
 (b) that the instrument will terminate unless an application is made to the FWC under subitem (4), before the end of the period of 12 months beginning on the day that Part commences, for the FWC to extend the default period for the instrument; and
 (c) of the day on which that Part commences.
Note: For compliance with this obligation, see item 4C of Schedule 16.

Application to FWC for extension of default period
(4) Any of the following may apply to the FWC, before the end of the grace period for an agreement‑based transitional instrument, for the FWC to extend the default period for the instrument for a period of no more than 4 years:
 (a) an employer covered by the instrument;
 (b) an employee covered by the instrument;
 (c) an industrial association that is entitled to represent the industrial interests of one or more of the employees covered by the instrument.
(5) An application under subitem (4) must be accompanied by:
 (a) a copy of the instrument; and
 (b) any declarations that are required by the procedural rules of the FWC to accompany the application.

Extension of default period
(6) If an application is made under subitem (4), the FWC must extend the default period for the agreement‑based transitional instrument 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