Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_20a:p2
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 20A (pt 2/3)
Character Range: 217411–220241

years if the FWC is satisfied that:
 (a) subitem (7), (8) or (9) 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; and
 (b) the proposed enterprise agreement will cover:
 (i) if the application relates to an individual agreement‑based transitional instrument—the employee covered by the individual agreement‑based transitional instrument; or
 (ii) if the application relates to a collective agreement‑based transitional instrument—the same, or substantially the same, group of employees as the collective agreement‑based transitional instrument; and
 (c) bargaining for the proposed enterprise agreement is occurring.
(8) This subitem applies if:
 (a) the application relates to an individual agreement‑based transitional instrument; and
 (b) the employee covered by the instrument would be an award covered employee for the instrument under subitem (10) if the instrument were a collective agreement‑based transitional instrument; and
 (c) it is likely that, as at the time the application is made, the employee would be better off overall if the instrument applied to the employee than if the relevant modern award referred to in that subitem applied to the employee.
(9) This subitem applies if:
 (a) the application relates to a collective agreement‑based transitional instrument; and
 (b) it is likely that, as at the time the application is made, the award covered employees for the instrument under subitem (10), viewed as a group, would be better off overall if the instrument applied to the employees than if the relevant modern award or awards referred to in that subitem applied to the employees.
(10) For the purposes of subitems (8) and (9), the award covered employees for a collective agreement‑based transitional instrument are the employees who:
 (a) are covered by the instrument; and
 (b) at the time an application is made under subitem (4) in relation to the instrument, 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 instrument; and
 (c) are employed at that time by an employer who is covered by the instrument and by one or more of the relevant modern awards.

Publication of decisions etc.
(10A) 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 a collective agreement‑based transitional instrument—the instrument.
The FWC