Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3a_26a:p1
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3A cl 26A (pt 1/3)
Character Range: 147769–150379

26A  Automatic sunsetting of all remaining Division 2B State employment agreements

Automatic sunsetting

(1) A Division 2B State employment agreement terminates at the end of the grace period for the agreement if the agreement has not already terminated before that time.

(2) The grace period for a Division 2B State employment agreement is:
 (a) subject to paragraph (b), the period of 12 months (the default period) beginning on the day Part 13 of Schedule 1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 commences; or
 (b) if the default period is extended for the agreement on one or more occasions under subitem (6) or paragraph (11)(e)—the default period as so extended.

Employer to give notice to employees

(3) An employer covered by a Division 2B State employment agreement must, before the end of 6 months beginning on the day Part 13 of Schedule 1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 commences, give each employee who is covered by the agreement and employed by the employer at the end of that period written notice advising the employee:
 (a) that the employee is covered by a Division 2B State employment agreement; and
 (b) that the agreement will terminate unless an application is made to the FWC under subitem (4), before the end of the period of 12 months beginning on the day that Part commences, for the FWC to extend the default period for the agreement; and
 (c) of the day on which that Part commences.

Note: For compliance with this obligation, see item 4C of Schedule 16.

Application to FWC for extension of default period

(4) Any of the following may apply to the FWC, before the end of the grace period for a Division 2B State employment agreement, for the FWC to extend the default period for the agreement for a period of no more than 4 years:
 (a) an employer covered by the agreement;
 (b) an employee covered by the agreement;
 (c) an industrial association that is entitled to represent the industrial interests of one or more of the employees covered by the agreement.

(5) An application under subitem (4) must be accompanied by:
 (a) a copy of the agreement; and
 (b) any declarations that are required by the procedural rules of the FWC to accompany the application.

Extension of default period

(6) If an application is made under subitem (4), the FWC must extend the default period for the Division 2B State employment agreement for a period of no more than 4 years if the FWC is satisfied that:
 (a) subitem (7), (8) or (9) applies and it is otherwise appropriate in the circumstances to do so; or