Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:7_22
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 7 cl 22
Character Range: 317633–318579

22  Special low‑paid workplace determination—employer must not previously have been covered by agreement‑based transitional instrument
(1) Subsection 263(3) of the FW Act (which deals with additional requirements for making a special low‑paid workplace determination) applies in relation to a workplace determination, whether made during or after the bridging period, as if the reference in that subsection to an enterprise agreement included a reference to a collective agreement‑based transitional instrument.
(2) However, subitem (1) does not apply in relation to a workplace determination if:
 (a) the collective agreement‑based transitional instrument has ceased to operate; and
 (b) the FWC considers that it is appropriate in the circumstances to make the workplace determination.
(3) In making a decision for the purposes of paragraph (2)(b) of this item, the FWC must take into account the objects set out in section 241 of the FW Act.