Document ID: chunk:federal_register_of_legislation:F2024C00355:reg:18g:p3
Version: federal_register_of_legislation:F2024C00355
Segment Type: reg
Provision Reference: reg 18G (pt 3/6)
Character Range: 85221–87757

and 7B to WR Act to AWA and pre‑transition collective agreement
 (1) For subitem (7)(1) of Schedule 2 to the Act, this regulation applies in relation to:
 (a) an AWA to which Schedule 7A to the WR Act applied before the WR Act repeal day; or
 (b) a pre‑transition collective agreement to which Schedule 7B to the WR Act applied before the WR Act repeal day.
 (2) On and after the WR Act repeal day, Schedule 7A to the WR Act continues to apply to the extent necessary to authorise a decision about whether the AWA passes the fairness test and to provide for consequences for that decision.
 (3) On and after the WR Act repeal day, Schedule 7B to the WR Act continues to apply to the extent necessary to authorise a decision about whether the pre‑transition collective agreement passes the fairness test and to provide consequences for that decision.

4.03  Variation of AWA or pre‑transition collective agreement after WR Act repeal day
 (1) For subitem 7(1) of Schedule 2 to the Act, this regulation applies to:
 (a) an AWA to which Schedule 7A to the WR Act applied before the WR Act repeal day; or
 (b) a pre‑transition collective agreement to which Schedule 7B to the WR Act applied before the WR Act repeal day.
 (2) Despite subitem (9)(1) of Schedule 3 to the Act, on and after the WR Act repeal day:
 (a) the AWA may be varied under section 346R of the WR Act as it is continued in operation by Schedule 7A to the WR Act; and
 (b) the pre‑transition collective agreement may be varied under section 346R of the WR Act as it is continued in operation under Schedule 7B to the WR Act.

4.04  References to Workplace Ombudsman taken to be references to Fair Work Ombudsman
 (1) For subitem 7(1) of Schedule 2 to the Act, this regulation applies if regulation 4.02 or 4.03 applies to an AWA or a pre‑transition collective agreement.
 (2) A reference to the Workplace Ombudsman in a provision continued by Schedule 7A or 7B to the WR Act mentioned in regulation 4.02 or 4.03 is taken to be a reference to the Fair Work Ombudsman.

Part 4AA—Transitional provisions for Schedule 16 to Act (Compliance)

4AA.01  Modification of item 7A of Schedule 16 to Act—prescribed employers
  For subitem 8(1) of Schedule 2 to the Act, Schedule 16 to the Act is modified by inserting the following after subitem 7A(1):
 '(1A) However, if the person mentioned in subitem (1) is an employer prescribed in regulations made for paragraph 43(2)(b) of Schedule 3, item 48A of the table in subitem 16(1) of this Schedule only applies to the person on and