Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:7_27
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 7 cl 27
Character Range: 322482–325173

27  Interaction with Australian Fair Pay and Conditions Standard during bridging period

Continued application of Australian Fair Pay and Conditions Standard
(1) The Australian Fair Pay and Conditions Standard, in its application during the bridging period under item 2 of Schedule 4 and item 5 of Schedule 9 prevails over an enterprise agreement or a workplace determination that applies to an employee to the extent to which, in a particular respect, the Australian Fair Pay and Conditions Standard provides a more favourable outcome for the employee.

Disputes about Australian Fair Pay and Conditions Standard to be resolved using the model dispute resolution process
(2) A dispute about:
 (a) whether the Australian Fair Pay and Conditions Standard provides a more favourable outcome for an employee in a particular respect than an enterprise agreement or workplace determination that applies to that employee; or
 (b) what the outcome is for an employee in a particular respect under the Australian Fair Pay and Conditions Standard, where an enterprise agreement or a workplace determination applies to that employee;
is to be resolved using the model dispute resolution process referred to in Part 13 of the WR Act.
(3) For the purposes of subitem (2), Divisions 2 and 3 of Part 13 of the WR Act apply as if a reference in those Divisions to the Commission or the Industrial Registrar were a reference to FWA.
(4) The fact that the model dispute resolution process applies in relation to the dispute does not affect any right of a party to the dispute to take court action to resolve it.
(5) To avoid doubt, subitems (2) and (3) apply despite:
 (a) subsection 694(2) of the WR Act (which deals with when the model dispute resolution process applies); and
 (b) subsection 595(1) of the FW Act (which deals with when FWA may deal with a dispute).

Continued application of regulations
(6) Despite the WR Act repeal, regulations made for the purposes of subsection 172(4) of the WR Act continue to apply during the bridging period as if a reference in those regulations to a workplace agreement were a reference to an enterprise agreement and a workplace determination.

Australian Fair Pay and Conditions Standard cannot be excluded
(7) A term of an enterprise agreement or a workplace determination has no effect to the extent to which it purports to exclude the Australian Fair Pay and Conditions Standard or any part of it.

Meaning of workplace determination
(8) In this item:
workplace determination means a workplace determination made under the FW Act.

Part 7—Transitional provision about the operation of the better off overall test if a transitional pay equity order applies