Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:7_8
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 7 cl 8
Character Range: 294864–296703

8  Designated awards—after application for FWA approval
(1) This item applies to an enterprise agreement if there is no relevant general instrument in relation to an employee who is, or a class of employees who are, covered by the agreement.
(2) FWA must determine that an award is a designated award for the employee or employees referred to in subitem (1), if it is satisfied that:
 (a) on the date on which the application for approval of the enterprise agreement was made under section 185 of the FW Act, the employee or employees are or would be employed in an industry or occupation in which the terms and conditions of the kind of work performed or to be performed by the employee or employees:
 (i) are usually regulated by an award; or
 (ii) would, but for an enterprise agreement or another industrial instrument having come into operation, usually be regulated by an award; and
 (b) there is an award that satisfies the requirements specified in subitem (3).
(3) An award or awards determined by FWA under this item:
 (a) must be an award or awards regulating, or that would, but for an enterprise agreement or another industrial instrument having come into operation, regulate, terms or conditions of employment of employees engaged in the same kind of work as the work performed by the employee or employees under the enterprise agreement concerned; and
 (b) must, in the opinion of FWA, be appropriate for the purpose of deciding whether an enterprise agreement passes the no‑disadvantage test; and
 (c) must not be an award that regulates the terms and conditions of employment in a single business only (being the single business specified in the award).
(4) FWA may determine different awards under subitem (2) in relation to different employees.
(5) A determination made under this item is not a legislative instrument.