Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:7_28
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 7 cl 28
Character Range: 325173–326582

28  Operation of better off overall test if a transitional pay equity order applies to employer
(1) This item applies to an enterprise agreement, or a variation of an enterprise agreement, if:
 (a) an application for approval of the agreement or variation has been made under the FW Act; and
 (b) the FWC must decide whether the agreement, or the agreement as proposed to be varied, passes the better off overall test; and
 (c) an employer covered by the agreement, or the agreement as proposed to be varied, is an employer to which a transitional pay equity order applies; and
 (d) an employee covered by the agreement, or the agreement as proposed to be varied, is an affected employee of the employer referred to in paragraph (c).
(2) For the purposes of determining whether the affected employee would be better off overall if the agreement, or the agreement as proposed to be varied, applied to the employee than if the relevant modern award applied to the employee, the base rate of pay payable under the relevant modern award to the employee is taken to be increased so that it is equal to the amount payable to the employee under the transitional pay equity order.
Note: For the meanings of transitional pay equity order and affected employee, see item 2 of Schedule 2.

Part 8—Transitional provisions relating to termination and sunsetting of enterprise agreements made during the bridging period