Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:7_7:p1
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 7 cl 7 (pt 1/2)
Character Range: 292041–294632

7  Designated awards—before application for FWA approval
(1) FWA may, on application by an employer, determine that an award is a designated award for an employee or class of employees of the employer.
(2) FWA may make a determination under this item only if it is satisfied that:
 (a) the employee or employees are or may be employed in an industry or occupation in which the terms and conditions of the kind of work performed or to be performed by the employee or employees:
 (i) are usually regulated by an award; or
 (ii) would, but for an enterprise agreement or another industrial instrument having come into operation, usually be regulated by an award; and
 (b) unless there is a designated award for the employee or employees, there would be no reference instrument relating to the employee or employees; and
 (c) there is an award that satisfies the requirements specified in subitem (3).
(3) An award or awards determined by FWA under this item:
 (a) must be an award or awards regulating, or that would, but for an enterprise agreement or another industrial instrument having come into operation, regulate, terms or conditions of employment of employees engaged in the same kind of work as the work performed or to be performed by the employee or employees; and
 (b) must, in the opinion of FWA, be an award or awards that would be appropriate for the purpose referred to in paragraph 8(3)(b) if an application were made for approval of an enterprise agreement under section 185 of the FW Act; and
 (c) must not be an award that regulates the terms and conditions of employment in a single business only (being the single business specified in the award).
(4) An award determined under this item in relation to an employee or employees is taken to be the designated award determined by FWA under item 8 in relation to the employee or employees if, later, an application is made for approval of an enterprise agreement under section 185 of the FW Act, in relation to the employee or the employees.
(5) Despite subitem (4), FWA may determine under item 8 that another award is a designated award in relation to the employee, or in relation to some or all of the employees, if:
 (a) FWA becomes aware of information that was not available to it at the time of the determination under subitem (1); and
 (b) FWA is satisfied that, had that information been available to it at that time, FWA would have determined under subitem (1) the other award to be the designated award.
(6) FWA may determine different awards under subitem (1) in relation to different employees.
(7) In this item,