Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:7_10
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 7 cl 10
Character Range: 297435–298600

10  Matters taken into account when testing agreement etc.
(1) In deciding whether an enterprise agreement passes, or does not pass, the no‑disadvantage test, FWA:
 (a) must have regard to the work obligations of the employee or employees under the enterprise agreement; and
 (b) may inform itself in any way it considers appropriate including (but not limited to) contacting any of the following:
 (i) the employer;
 (ii) the employee, or some or all of the employees, who are covered by the enterprise agreement;
 (iii) a bargaining representative in relation to the agreement.
(2) In deciding whether to determine that an award is a designated award in relation to an employee or employees of an employer, FWA may inform itself in any way it considers appropriate including (but not limited to) contacting any of the following:
 (a) the employer;
 (b) the employee or employees;
 (c) if the determination would be made under item 8—a bargaining representative in relation to the agreement.

Part 3—Other requirements and modifications applying to making and varying enterprise agreements during the bridging period

Division 1—Requirements relating to approval