Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:13_3
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 13 cl 3
Character Range: 440054–441196

3  Application for bargaining order where certain collective agreement‑based transitional instruments or collective Division 2B State employment agreements have not passed nominal expiry date
Despite subsection 229(3) of the FW Act, if one or more of the following instruments apply to an employee, or 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;
an application for a bargaining order may only be made under subsection 229(1) of that Act:
 (f) not more than 90 days before the nominal expiry date of the instrument, or the latest nominal expiry date of those instruments (as the case may be); or
 (g) after an employer that will be covered by the proposed enterprise agreement has requested under subsection 181(1) of that Act that employees approve the agreement, but before the agreement is so approved.

Part 3—Industrial action