Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:7_2
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 7 cl 2
Character Range: 283963–285352

2  Approval of agreement or variation by FWA—passing the no‑disadvantage test
(1) Paragraph 186(2)(d) of the FW Act (including as that paragraph has effect under subsection 211(3) of that Act) and subsection 211(5) of that Act apply in relation to:
 (a) an enterprise agreement made during the bridging period; and
 (b) a variation of an enterprise agreement, if the variation was made during the bridging period;
as if the words "better off overall test" were omitted and the words "no‑disadvantage test as set out in Division 2 of Part 2 of Schedule 7 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009" were substituted.
(2) Paragraph 189(1)(b) of the FW Act applies in relation to an enterprise agreement made during the bridging period as if the words "better off overall test" were omitted and the words "no‑disadvantage test as set out in Division 2 of Part 2 of Schedule 7 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009" were substituted.
Note: This means that section 193 (which deals with passing the better off overall test) and subsections 211(4) and (5) (which deal with applying the better off overall test to agreements as proposed to be varied) of the FW Act will have no effect in relation to the approval by FWA of agreements and variations during the bridging period.

Division 2—The no‑disadvantage test