Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:9_14
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 9 cl 14
Character Range: 394410–395473

14  FWC may make determinations to phase‑in the effect of rate increases resulting from item 13 etc.
(1) On application by an employer to whom a transitional instrument applies, the FWC may make a determination the effect of which is to phase‑in the effect of increases in base rates of pay that would otherwise take effect on a particular day because of:
 (a) item 13; or
 (b) subitem 22(2) of Schedule 3.
Note: Under subitem 22(2) of Schedule 3, AFPCS interaction rules that provide for instruments to prevail over the Australian Fair Pay and Conditions Standard stop applying when the bridging period ends. That may result in an employee becoming entitled to a higher rate of pay under a transitional APCS.
(2) The FWC must not make a determination under this item in relation to an employer unless it is satisfied that the determination is necessary to ensure the ongoing viability of the employer's enterprise.
(3) Item 13, and subitem 22(2) of Schedule 3, have effect in relation to an employer subject to any determinations the FWC makes under this item.