Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:13_17
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 13 cl 17
Character Range: 452692–453880

17  Restriction on when protected action ballot orders may be made—certain agreement‑based transitional instruments and collective Division 2B State employment agreements that cover employees who will be covered by proposed enterprise agreement
(1) This item applies if one or more of the following instruments cover the employees who will be covered by a proposed enterprise agreement:
 (a) any of the following transitional instruments:
 (i) a collective agreement;
 (ii) a workplace determination;
 (iii) a preserved collective State agreement;
 (iv) a pre‑reform certified agreement;
 (v) a section 170MX award;
 (b) a collective Division 2B State employment agreement.
(2) An application for a protected action ballot order must not be made under subsection 437(1) of the FW Act earlier than 30 days before the nominal expiry date of the instrument, or the latest nominal expiry date of those instruments (as the case may be).
(3) To avoid doubt, making an application for a protected action ballot order does not constitute organising industrial action.

Part 5—Effect of conduct engaged in while bargaining for WR Act collective agreement or collective State employment agreement