Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:13_8
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 13 cl 8
Character Range: 445364–447428

8  Effect of orders terminating bargaining periods upon industrial action related workplace determinations
(1) This item applies if one of the following is in force in relation to a proposed collective agreement under the WR Act immediately before the WR Act repeal day:
 (a) an order terminating a bargaining period under subsection 430(1) of the WR Act that was made on the ground, or on grounds including the ground, that the Commission was satisfied as mentioned in subsection 430(3) of that Act;
 (b) a declaration by the Minister under section 498 of the WR Act (which deals with industrial action endangering life, etc.).
(2) Divisions 3 and 5 of Part 2‑5 of the FW Act have effect, on and after the WR Act repeal day, in relation to the making of an industrial action related workplace determination, as if:
 (a) references to a termination of industrial action instrument included references to the order or declaration referred to in subitem (1); and
 (b) references to a proposed enterprise agreement included references to the proposed collective agreement; and
 (c) references to the bargaining representatives for a proposed enterprise agreement included references to the persons who were, immediately before the WR Act repeal day, negotiating parties for the proposed collective agreement; and
 (d) references to an employer or employee that would have been covered by a proposed enterprise agreement included references to an employer or employee, as the case requires, that would have been bound by the proposed collective agreement; and
 (e) the reference in paragraph 275(g) to bargaining representatives complying with the good faith bargaining requirements included a reference to the negotiating parties genuinely trying to reach agreement in relation to the proposed collective agreement.
Note: The effect of this provision is that FWA may make an industrial action related workplace determination under the FW Act based on conduct, orders and declarations in relation to negotiations for a proposed collective agreement under the WR Act.