Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_20a:p3
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 20A (pt 3/3)
Character Range: 219984–221462

appropriate:
 (a) a decision under subitem (6);
 (b) any written reasons that the FWC gives in relation to such a decision;
 (c) if the decision is to extend the default period for a collective agreement‑based transitional instrument—the instrument.
The FWC must do so as soon as practicable after making the decision.
(10B) Paragraph (10A)(b) applies subject to any order made under section 594 of the FW Act.
(10C) The FWC must not publish an individual agreement‑based transitional instrument in relation to which an application under subitem (4) is made.

Pending applications
(11) If:
 (a) an application is made under subitem (4) in relation to an agreement‑based transitional instrument; and
 (b) the FWC has not made a decision on the application at a time (the critical time) that is immediately before what would (apart from this subitem) be the end of the grace period for the instrument;
then:
 (c) the FWC must make the decision on the application after the critical time; and
 (d) the decision on the application is taken to have been made at the critical time; and
 (e) if the FWC's decision on the application is to refuse to extend the default period for the instrument under subitem (6)—the FWC must extend the default period until the end of:
 (i) subject to subparagraph (ii), the day the refusal decision is made; or
 (ii) if the refusal decision specifies a later day that is not more than 14 days after the day the refusal decision is made—that later day.