Document ID: chunk:federal_register_of_legislation:F2024C00355:reg:18g:p2
Version: federal_register_of_legislation:F2024C00355
Segment Type: reg
Provision Reference: reg 18G (pt 2/6)
Character Range: 82730–85436

FWA were required to assume, at the test time, that the modern award will not be varied before the days mentioned in subparagraph (a)(ii).
 (3) Subsections 193(1) and (3) of the FW Act also apply as if they provided that:
 (a) if FWA carries out a comparison in accordance with subitem (2); and
 (b) for 1 or more of the comparisons, FWA is not satisfied that each of the employees mentioned in subsection 193(1) or (3) of the FW Act would be better off overall if the enterprise agreement, or the enterprise agreement as proposed to be varied, applied to the employee than if the modern award applied to the employee;
the enterprise agreement, or the enterprise agreement as proposed to be varied, does not pass the better off overall test.

Part 4—Transitional provisions for Schedule 8 to Act (workplace agreements and workplace determinations made under WR Act)

4.01  When Workplace Authority Director must consider whether union collective agreement passes no‑disadvantage test
 (1) This regulation is made for subitem 8(1) of Schedule 2 to the Act.
 (2) Despite paragraph 4(1)(a) of Schedule 8 to the Act, the Workplace Authority Director must consider whether a union collective agreement passes the no‑disadvantage test under section 346D of the WR Act if:
 (a) the agreement is made under paragraph 333(c) of the WR Act before the WR Act repeal day; and
 (b) before the WR Act repeal day the agreement is signed by the employer or employers and organisation or organisations of employees with which the employer or employers made the agreement; and
 (c) the agreement is approved by employees under subsection 340(2) of the WR Act and lodged with the Workplace Authority Director in the period starting on the WR Act repeal day and ending 3 months after the WR Act repeal day.
 (3) For paragraph (2)(b), a signature to the agreement must be accompanied by:
 (a) the full name and address of each person signing the agreement in accordance with paragraph (2)(b); and
 (b) an explanation of the person's authority to sign the agreement; and
 (c) the date on which the person signed the agreement.
 (4) If:
 (a) the agreement is lodged with the Workplace Authority Director; and
 (b) the requirements mentioned in subregulation (2) are not met;
the Workplace Authority Director must give written notification to the employer or employers and organisation or organisations for the agreement that the agreement cannot come into operation.

4.02  Continued application of Schedules 7A 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