Document ID: chunk:federal_register_of_legislation:C2024A00002:clause:1_42
Version: federal_register_of_legislation:C2024A00002
Segment Type: clause
Provision Reference: sch 1 cl 42
Character Range: 45310–46816

42  Subsection 193(1)
Repeal the subsection, substitute:

When a non‑greenfields agreement passes the better off overall test
 (1) An enterprise agreement that is not a greenfields agreement passes the better off overall test under this section if the FWC is satisfied, as at the test time, that:
 (a) each award covered employee, and each reasonably foreseeable employee, for the agreement would be better off overall if the agreement applied to the employee than if the relevant modern award applied to the employee; and
 (b) if the agreement is a single‑enterprise agreement that covers one or more employees (each of whom is an old agreement employee) to whom a supported bargaining agreement or a single interest employer agreement applies—each old agreement employee would be better off overall if the single‑enterprise agreement applied to the employee than if the supported bargaining agreement or single interest employer agreement (as the case requires) applied to the employee.
Note 1: Reasonably foreseeable employee is defined in subsection (5).
Note 2: Section 193A sets out rules for applying the better off overall test, including requiring the FWC to only have regard to patterns or kinds of work, or types of employment, that are reasonably foreseeable at the test time (see subsection 193A(6)).
 (1A) If an employee is, at the test time, both an old agreement employee and an award covered employee, the FWC must undertake an assessment against only paragraph (1)(b) for that employee.