Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:6a_5
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 6A cl 5
Character Range: 268049–270152

5  Terminating State reference public sector transitional awards on application
(1) An employer or organisation that is covered by a State reference public sector transitional award (the current award) may apply to the FWC or the Commission to terminate the current award.
Note: The Commission ceased to exist on 31 December 2009: see item 7 of Schedule 18.
(2) The application may be made only during the period starting on the WR Act repeal day and ending at the end of 31 December 2013.
(3) The FWC or the Commission must not terminate the current award unless the FWC or the Commission is satisfied that the employees who are covered by the current award will, if the current award is terminated, be covered by a modern award (other than the miscellaneous modern award) that, at the time of the termination, is or is likely to be in operation and that is appropriate for them.
(4) In deciding whether to terminate the current award, the FWC or the Commission must take into account the following:
 (a) the circumstances that led to the making of the current award;
 (b) the terms and conditions of employment applying in the industry or occupation in which the persons covered by the current award operate, and the extent to which those terms and conditions are reflected in the current award;
 (c) the extent to which the current award facilitates arrangements, and provides terms and conditions of employment, referred to in paragraphs 7(2)(a) and (b);
 (d) the likely impact on the persons covered by the current award of a decision to terminate, or not to terminate, the current award;
 (e) the views of the persons covered by the current award;
 (f) any other matter prescribed by the regulations.
(5) If the FWC or the Commission terminates the current award, the termination operates from the day specified in the decision to terminate the current award, being a day that is not earlier than the FW (safety net provisions) commencement day.
(6) If the Commission terminates the current award, the termination is taken, after the Commission has ceased to exist, to have been made by the FWC.