Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:12_3
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 12 cl 3
Character Range: 430498–432391

3  Application in relation to award‑based transitional instruments and agreement‑based transitional instrument
(1) Part 3‑1 of the FW Act has effect as if:
 (a) a reference in that Part to an enterprise agreement included a reference to an agreement‑based transitional instrument; and
 (b) a reference in that Part to a modern award included a reference to an award‑based transitional instrument.
Note: References in Part 3‑1 of the FW Act:
(a) to an enterprise agreement are found in paragraphs 341(2)(e) and (g), paragraph 344(b), subsection 353(3) and subparagraphs 354(1)(a)(iii) and (b)(ii) of that Act; and
(b) to a modern award are found in paragraphs 341(2)(g) and 344(b) of Part 3‑1 of that Act.
(2) Without limiting subitem (1), paragraph 344(b) of the FW Act has effect in relation to the bridging period as if a term referred to in that paragraph were a term of an agreement‑based transitional instrument or an award‑based transitional instrument that dealt with:
 (a) averaging of hours of work; or
 (b) cashing out paid annual leave; or
 (c) taking paid annual leave; or
 (d) cashing out paid personal/carer's leave; or
 (e) the kind of evidence that an employee must provide in order to be entitled to paid personal/carer's leave, unpaid carer's leave or compassionate leave; or
 (f) the substitution of a day or part‑day for a day or part‑day that would otherwise be a public holiday; or
 (g) the period of notice an employee must give in order to terminate his or her employment; or
 (h) paid loadings for school‑based apprentices and trainees in lieu of paid annual leave, paid annual leave or paid absence on public holidays.
Note: This means, for example, that an employer is prohibited from exerting undue influence or undue pressure on an employee to have the employee agree to a cashing out of annual leave arrangement under a term of a pre‑reform certified agreement.