Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:7_30:p2
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 7 cl 30 (pt 2/3)
Character Range: 329202–331798

If an application is made under subitem (4), the FWC must extend the default period for the enterprise agreement made during the bridging period for a period of no more than 4 years if the FWC is satisfied that:
 (a) subitem (7) or (8) applies and it is otherwise appropriate in the circumstances to do so; or
 (b) it is reasonable in the circumstances to do so.

(7) This subitem applies if:
 (a) the application is made at or after the notification time for a proposed enterprise agreement that will cover the same, or substantially the same, group of employees as the enterprise agreement made during the bridging period; and
 (b) bargaining for the proposed enterprise agreement is occurring.

(8) This subitem applies if it is likely that, as at the time the application is made, the award covered employees for the agreement under subitem (9), viewed as a group, would be better off overall if the agreement applied to the employees than if the relevant modern award or awards referred to in that subitem applied to the employees.

(9) For the purposes of subitem (8), the award covered employees for an enterprise agreement made during the bridging period are the employees who:
 (a) are covered by the agreement; and
 (b) at the time an application is made under subitem (4) in relation to the agreement, are covered by one or more modern awards (the relevant modern awards) that:
 (i) are in operation; and
 (ii) cover the employees in relation to the work that the employees are to perform under the agreement; and
 (c) are employed at that time by an employer who is covered by the agreement and by one or more of the relevant modern awards.

Publication of decisions etc.

(9A) The FWC must publish the following, on its website or by any other means that the FWC considers appropriate:
 (a) a decision under subitem (6);
 (b) any written reasons that the FWC gives in relation to such a decision;
 (c) if the decision is to extend the default period for the relevant enterprise agreement—the agreement.
The FWC must do so as soon as practicable after making the decision.

(9B) Paragraph (9A)(b) applies subject to any order made under section 594 of the FW Act.

Pending applications

(10) If:
 (a) an application is made under subitem (4) in relation to an enterprise agreement made during the bridging period; and
 (b) the FWC has not made a decision on the application at a time (the critical time) that is immediately before what would (apart from this subitem) be the end of the grace period for the agreement;
then:
 (c) the FWC must make the decision on the application after