Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:6_2
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 6 cl 2
Character Range: 229268–231954

2  Enterprise instruments
(1) Each of the following is an enterprise instrument:
 (a) an enterprise award‑based instrument;
 (b) an enterprise preserved collective State agreement;
 (c) a Division 2B enterprise award.
(2) An enterprise award‑based instrument is an award‑based transitional instrument, other than a State reference public sector transitional award, to which subitem (2A) or (2B) applies.
(2A) This subitem applies to an award‑based transitional instrument that is an award or a State reference transitional award, if the award or State reference transitional award covers employees in:
 (a) a single enterprise (or a part of a single enterprise) only; or
 (b) one or more enterprises, if the employers all carry on similar business activities under the same franchise and are:
 (i) franchisees of the same franchisor; or
 (ii) related bodies corporate of the same franchisor; or
 (iii) any combination of the above.
(2B) This subitem applies to an award‑based transitional instrument that is a notional agreement preserving State awards, if the notional agreement includes terms and conditions from a State award (within the meaning of the WR Act) that covered employees in:
 (a) a single enterprise (or a part of a single enterprise) only; or
 (b) one or more enterprises, if the employers all carried on similar business activities under the same franchise and were:
 (i) franchisees of the same franchisor; or
 (ii) related bodies corporate of the same franchisor; or
 (iii) any combination of the above.
(3) An enterprise preserved collective State agreement is a transitional instrument that is a preserved collective State agreement in relation to which the following paragraphs are satisfied:
 (a) a State or Territory law had, on the day before the commencement of Part 2 of Schedule 4 to the Workplace Relations Amendment (Work Choices) Act 2005, the effect (however described) of converting a State award (within the meaning of the WR Act) into the relevant State employment agreement (within the meaning of the WR Act);
 (b) if the State award had continued to have effect in relation to employees, a notional agreement preserving State awards to which subitem (2B) applies would have been taken to come into operation in relation to those employees.
(4) A Division 2B enterprise award is a Division 2B State award that covers:
 (a) a single enterprise (or a part of a single enterprise) only; or
 (b) one or more enterprises, if the employers all carry on similar business activities under the same franchise and are:
 (i) franchisees of the same franchisor; or
 (ii) related bodies corporate of the same franchisor; or
 (iii) any combination of the above.