Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:13_4
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 13 cl 4
Character Range: 441196–443037

4  Industrial action must not be taken before the nominal expiry date of agreement‑based transitional instrument or Division 2B State employment agreement
(1) The following provisions of the FW Act:
 (a) section 417 (which prohibits industrial action before the nominal expiry date of enterprise agreements etc.);
 (b) item 14 of the table in subsection 539(2) of the FW Act (which deals with civil remedies);
apply, on and after the WR Act repeal day, in relation to an agreement‑based transitional instrument or a Division 2B State employment agreement, in a corresponding way to the way that those provisions apply in relation to an enterprise agreement.
(2) Subitem (1) does not apply to an individual agreement‑based transitional instrument or an individual Division 2B State employment agreement if the employee and employer covered by the instrument or agreement have made a conditional termination in relation to the instrument or agreement under subitem 18(2) of Schedule 3 or subitem 25(2) of Schedule 3A.
Note: The effect of this provision is that an employee who is covered by an agreement‑based transitional instrument or a Division 2B State employment agreement may not organise or engage in industrial action until after the nominal expiry date of the instrument or agreement has passed. However, this does not apply to an individual agreement‑based transitional instrument, or an individual Division 2B State employment agreement, in relation to which a conditional termination has been made.
(3) For the purposes of subitem (1), the reference in subsection 417(1) of the FW Act to the day on which an enterprise agreement was approved by the FWC is taken to be a reference to the day on which the agreement‑based transitional instrument or the Division 2B State employment agreement became such an instrument or agreement.