this Schedule; and

Schedules 2 to 22, other than:

Part 3 of Schedule 6; and

Parts 1, 2 and 3 of Schedule 17; and

items 21 to 22 of Schedule 18; and

Parts 1 to 8 of Schedule 22.

in relation to a transitional instrument: see subitem 3(2) of Schedule 3; and

in relation to a Division 2B State award: see item 4 of Schedule 3A; and

in relation to a Division 2B State employment agreement: see item 6 of Schedule 3A.

starting on the WR Act repeal day; and

ending immediately before the FW (safety net provisions) commencement day.

in relation to an individual agreement-based transitional instrument: see subitem 18(1) of Schedule 3; and

in relation to an individual Division 2B State employment agreement: see subitem 25(1) of Schedule 3A.

in relation to a transitional instrument: see subitem 3(1) of Schedule 3; and

in relation to a transitional minimum wage instrument: see item 6 of Schedule 9; and

in relation to a Division 2B State award: see item 4 of Schedule 3A; and

in relation to a Division 2B State employment agreement: see item 6 of Schedule 3A.

in Schedule 3: see subitem 4(2) of Schedule 3; and

in Schedule 3A: see subitem 10(2) of Schedule 3A.

in Schedule 3: see subitem 5(2) of Schedule 3; and

in Schedule 3A: see subitem 11(2) of Schedule 3A.

in relation to a workplace agreement—means lodged with the Workplace Authority Director under section 344 of the WR Act; and

in relation to a variation of a workplace agreement—means lodged with the Workplace Authority Director under section 346N or 377 of the WR Act, as the case may be; and

in relation to a termination of a workplace agreement—means lodged with the Workplace Authority Director under section 389 of the WR Act.

(a) in relation to a workplace agreement—has the meaning given by WR Act; andsection 333 of the

in relation to a variation of a workplace agreement—has the meaning given by section 368 of the WR Act.

in relation to the Part 10A award modernisation process—see subitems 8(3) and (4) of Schedule 5; and

in relation to the enterprise instrument modernisation process—see subitem 11(3) of Schedule 6; and

in relation to the State reference public sector transitional award modernisation process—has the meaning given by subitem 13(3) of Schedule 6A.

in relation to a Division 2B State award: see subitem 3(1) of Schedule 3A; and

in relation to a Division 2B State employment agreement: see subitem 5(1) of Schedule 3A.

expressions used in a transitional Schedule that were defined in the WR Act (other than Schedule 1 to that Act) have the same meanings in that transitional Schedule as they had in that Act; and

expressions used in a transitional Schedule that are defined in the FW Act have the same meanings in that transitional Schedule as they have in that Act.

a provision of a transitional Schedule uses an expression defined in both the WR Act and the FW Act; and

it is clear from the context of the provision which of those meanings is intended to apply in that provision;

subject to a contrary intention in a provision of a transitional Schedule; and

subject to the regulations.

subject to a contrary intention; and

subject to the regulations.

the transition from the regime provided for by the WR Act (and any Acts that amended that Act) to the regime provided for by the FW Act;

the amendments and repeals made by the Schedules to this Act;

the transition from the regime provided for by State industrial laws of Division 2B referring States to the regime provided for by this Act and the FW Act, including:

the transition from State awards and State employment agreements to Division 2B State instruments; and

the transition from Division 2B State instruments to modern awards and enterprise agreements;

(d) the amendments and repeals made by the Fair Work Amendment (State Referrals and Other Measures Act) 2009.

modify provisions of the FW Act, or provide for the application (with or without modifications) of provisions of the FW Act to matters to which they would otherwise not apply;

provide for the application (with or without modifications) of provisions of the WR Act on and after the WR Act repeal day;

provide for the application (with or without modifications), as laws of the Commonwealth, of provisions of State industrial laws of Division 2B referring States on and after the Division 2B referral commencement.

modify the provisions; or

make other provision relating to the application of the provisions.

modify the provisions; or

make other provision relating to the application of the provisions.

modify provisions of Part 3-4 of the FW Act (which deals with right of entry); or

modify provisions of the transitional Schedules that deal with right of entry.

(a) regulations are expressed to commence from a date (the registration date) before the regulations are registered under the Legislation Act 2003; and

a person engaged in conduct before the registration date; and

but for the retrospective effect of the regulations, the conduct would not have contravened a provision of:

the WR Act (as it continues to apply because of this Act); or

this Act; or

the FW Act;

a process to vary or terminate a WR Act instrument is begun under the WR Act before the WR Act repeal day; and

the WR Act instrument becomes a transitional instrument because of the operation of Part 2 of Schedule 3;

modify or exclude the operation of the WR Act as it continues to apply under subitem (1); and

provide for the continued operation of the WR Act (including in modified form) in relation to conduct that occurs on or after the WR Act repeal day.

an application, other than an interim application, that could have been made to any of the following because of item 11 may be made only to the FWC:

the Commission;

the President;

a member of the Commission;

a Registrar; and

an appeal to the Commission that could have been instituted because of item 11 may be instituted only as an appeal to the FWC; and

a process (however described), other than an interim process, that could have been initiated by the Commission on its own motion because of item 11 may be initiated only by the FWC; and

(d) a matter that could have been referred to the Commission under Australian Human Rights Commission Act 1986 because of item 11 is to be referred only to the FWC.section 46PW of the

as if a reference to a WR Act body or WR Act office were a reference to the FWC, as necessary; and

with any other necessary modifications.

modify the operation of the WR Act as it applies under item 11;

provide that subitem 11(1A) does not apply in relation to specified processes;

provide for any other matter that, because of item 11, could have been dealt with by a WR Act body or a person holding a WR Act office to be dealt with by the FWC, or by the FWC only.

Part 2 of Schedule 5 (which deals with the WR Act award modernisation process);

Division 2 of Part 2 of Schedule 6 (which deals with the enterprise instrument modernisation process);

(c) Schedule 8 (which deals with workplace agreements and workplace determinations made under the WR Act, including the making of ITEAs during the bridging period);

Schedule 11 (which deals with transfer of business);

Part 3 of Schedule 2 (which deals with conduct before the WR Act repeal day).

an award;

a State reference transitional award or common rule;

a notional agreement preserving State awards;

a workplace agreement;

a workplace determination;

a preserved State agreement;

an AWA;

a pre-reform certified agreement;

a pre-reform AWA;

an old IR agreement;

a section 170MX award.

each WR Act instrument (other than a Division 2B State reference transitional award) that was in operation immediately before the WR Act repeal day;

(b) each workplace agreement or workplace determination made before the WR Act repeal day but that had not yet come into operation by that day;

any other WR Act instrument that, although not in operation immediately before the WR Act repeal day, could come into operation after that day because of an instrument interaction rule.

(a) awards, State reference transitional awards or common rules, and notional agreements preserving State awards, are award-based transitional instruments;

(b) all other kinds of transitional instruments are agreement-based transitional instruments;

(c) agreement-based transitional instruments of the following kinds are collective agreement-based transitional instruments:

collective agreements;

workplace determinations;

preserved collective State agreements;

pre-reform certified agreements;

old IR agreements;

section 170MX awards;

(d) agreement-based transitional instruments of the following kinds are individual agreement-based transitional instruments:

ITEAs;

preserved individual State agreements;

AWAs;

pre-reform AWAs.

one or more specified State reference employers; and

specified State reference employees of those employers.

(a) if the employers and employees covered are Division 2A State reference transitional award;Division 2A State reference employers and Division 2A State reference employees—the State reference transitional award is a

(b) if the employers and employees covered are Division 2B State reference transitional award.Division 2B State reference employers and Division 2B State reference employees—the State reference transitional award is a

specified State reference employers; and

specified State reference employees of those employers.

(a) employees who are national system employees because of Division 2A State reference employees;section 30C of the FW Act are

(b) employees who are national system employees because of Division 2B State reference employees.section 30M of the FW Act are

(a) employers that are national system employers because of Division 2A State reference employers;section 30D of the FW Act are

(b) employers that are national system employers because of Division 2B State reference employers.section 30N of the FW Act are

(a) a transitional award (the current award), as in force on the WR Act repeal day, covers one or more Division 2A State reference employers, and Division 2A State reference employees of those employers; and

the current award also covers:

other employees of those employers; or

other employers, and employees of those other employers;

a Division 2A State reference transitional award covering:

the employers, and the employees of those employers, referred to in paragraph (a); and

if the current award covers an organisation, in relation to certain employers or employees referred to in paragraph (a)—that organisation in relation to those employers or employees; and

a transitional award covering:

the employers, and the employees of those employers, referred to in paragraph (b); and

if the current award covers an organisation, in relation to certain employers or employees referred to in paragraph (b)—that organisation in relation to those employers or employees.

(a) a transitional award (the current award), as in force on the Division 2B referral commencement, covers one or more Division 2B State reference employers, and Division 2B State reference employees of those employers; and

the current award also covers:

other employees of those employers; or

other employers, and employees of those other employers;

a Division 2B State reference transitional award covering:

the employers, and the employees of those employers, referred to in paragraph (a); and

if the current award covers an organisation, in relation to certain employers or employees referred to in paragraph (a)—that organisation in relation to those employers or employees;

a transitional award covering:

the employers, and the employees of those employers, referred to in paragraph (b); and

if the current award covers an organisation, in relation to certain employers or employees referred to in paragraph (b)—that organisation in relation to those employers or employees.

(a) a State (a Division 2A referring State) that is a referring State as defined in section 30B of the FW Act; or

(b) a State (a Division 2B referring State) that is a referring State as defined in section 30L of the FW Act.

required by the WR Act to comply with terms of the instrument; or

entitled under the WR Act to enforce terms of the instrument.

the instrument interaction rules (see item 5); and

the variation or termination of transitional instruments as referred to in item 9;

Division 2 of Part 5 (which deals with interaction between transitional instruments and FW Act modern awards, workplace determinations and enterprise agreements); and

Schedule 11 (which deals with transfer of business); and

Part 3 of Schedule 2 (which deals with conduct before the WR Act repeal day).

provisions about what may, must or must not be included in an instrument;

provisions to the effect that a particular term of an instrument is of no effect (however described):

either completely or to a limited extent; and

either permanently or for a limited period;

provisions to the effect that a particular term is taken to be included in an instrument.

one instrument has priority over, or excludes, another instrument:

either completely or to a particular extent; and

either permanently or for a particular period; or

one instrument ceases to operate because of another instrument:

either completely or to a particular extent; and

either permanently or for a particular period.

an instrument prevails over, or excludes, a law of a State or Territory; or

an instrument has effect subject to a law of a State or Territory.

a contrary intention in this Act; and

the regulations.

any right or liability that a person acquired, accrued or incurred before the transitional instrument terminated or ceased to apply; or

any investigation, legal proceeding or remedy in respect of any such right or liability.

a workplace agreement;

a pre-reform certified agreement;

an AWA;

a pre-reform AWA.

identified a condition as a prescribed condition in relation to an instrument referred to in paragraph (1)(a), (b), (c) or (d); or

prescribed an Act or any regulations or other instrument made under an Act as a Commonwealth law in relation to such an instrument;

references in the clauses to the transitional period (including references to the end of the transitional period) were omitted; and

a reference in the clauses to the Commission were instead a reference to the FWC; and

a reference in the clauses to a Registrar were instead a reference to the General Manager of the FWC; and

a reference in the clauses to the Rules of the Commission were instead a reference to the procedural rules of the FWC.

a provision of this Part or the regulations; or

(b) item 26 (which deals with resolving difficulties with the interaction between transitional instruments and the National Employment Standards); or

Part 2 of Schedule 5 (which deals with the WR Act award modernisation process); or

(d) of Schedule 6 (which deals with the enterprise instrument modernisation process); orDivision 2 of Part 2

Schedule 8 (which deals with workplace agreements and workplace determinations made under the WR Act); or

Schedule 11 (which deals with transfer of business); or

Part 3 of Schedule 2 (which deals with conduct before the WR Act repeal day).

a provision of this Part or the regulations; or

Part 2 of Schedule 5; or

(c) 2 of Schedule 6; orDivision 2 of Part 

Schedule 8; or

Schedule 11; or

Part 3 of Schedule 2.

to remove an ambiguity or uncertainty in the instrument; or

to resolve an uncertainty or difficulty relating to the interaction between the instrument and a modern award; or

to remove terms that are inconsistent with Part 3-1 of the FW Act (which deals with general protections), or to vary terms to make them consistent with that Part.

an award can be varied after the end of the bridging period under section 553 of the WR Act;

an award can be varied or revoked after the end of the bridging period as a result of the FWC continuing to deal with a matter that it was dealing with before the end of the bridging period.

references to the Commission were instead references to the FWC; and

references to an award included references to a State reference transitional award.

a State reference transitional award, other than terms relating to wages, can be varied after the end of the bridging period under section 553 of the WR Act;

terms of a State reference transitional award relating to wages can be varied after the end of the bridging period in an annual wage review under the FW Act as provided for in subitem (5);

a State reference transitional award can be varied after the end of the bridging period as a result of the FWC continuing to deal with a matter that it was dealing with before the end of the bridging period.

the termination agreement must be signed by the employee and the employer;

if the employee is under 18, it must also be signed by a parent or guardian of the employee;

the signatures must be witnessed.

within 14 days after the termination agreement was made; or

if in all the circumstances the FWC considers it fair to extend that period—within such further period as the FWC allows.

the FWC is satisfied that the requirements of subitem (1) have been complied with; and

the FWC is satisfied that there are no other reasonable grounds for believing that the employee has not agreed to the termination.

(a) an enterprise agreement (the proposed enterprise agreement) is made that covers the employee and the employer; and

the proposed enterprise agreement comes into operation.

the conditional termination is an agreement signed by the employee and the employer in the circumstances covered by subitem (2); or

the conditional termination is signed by the employer in the circumstances covered by subitem (3).

to whom an individual agreement-based transitional instrument that has passed its nominal expiry date applies; and

who wants to terminate the transitional instrument.

make a written declaration that identifies the transitional instrument and that states that the employer or employee wants to terminate the transitional instrument; and

apply to the FWC for the approval of the termination.

the notice must identify the transitional instrument;

the notice must state that the employer or employee intends to apply to the FWC for approval of the termination of the instrument;

the notice must state that, if the FWC approves the termination, the transitional instrument will terminate on the 90th day after the day on which the FWC makes the approval decision;

if the notice is given by the employer:

the notice must state whether, if the instrument terminates during the bridging period, one or more redundancy provisions in the instrument will continue to apply to the employee as provided for by item 38; and

if one or more redundancy provisions in the instrument will so continue to apply to the employee—the notice must include or be accompanied by a copy of the provision or provisions;

the notice must comply with any other requirements of the regulations.

the transitional instrument applies to the employer and the employee; and

the requirements of subitems (2) and (3) have been complied with.

on the 4th anniversary of the FW (safety net provisions) commencement day; or

if the regulations prescribe a later day—on that later day.

27 March 2011;

when both of the following conditions are satisfied:

the agreement has passed its nominal expiry date;

it has been replaced by a State employment agreement (within the meaning of the WR Act).

27 March 2011;

when it has been replaced by a State employment agreement (within the meaning of the WR Act).

the employer in relation to a section 170MX award is not a national system employer; and

the section 170MX award:

was in force just before 27 March 2006; or

was made on or after that day because of Part 8 of Schedule 7 to the WR Act;

27 March 2011;

when it has been replaced by a State employment agreement (within the meaning of the WR Act).

(a) subject to paragraph (b), the period of 12 months (the default period) beginning on the day Part 13 of Schedule 1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 commences; or

if the default period is extended for the instrument on one or more occasions under subitem (6) or paragraph (11)(e)—the default period as so extended.

that the employee is covered by an agreement-based transitional instrument; and

that the instrument will terminate unless an application is made to the FWC under subitem (4), before the end of the period of 12 months beginning on the day that Part commences, for the FWC to extend the default period for the instrument; and

of the day on which that Part commences.

an employer covered by the instrument;

an employee covered by the instrument;

an industrial association that is entitled to represent the industrial interests of one or more of the employees covered by the instrument.

a copy of the instrument; and

any declarations that are required by the procedural rules of the FWC to accompany the application.

subitem (7), (8) or (9) applies and it is otherwise appropriate in the circumstances to do so; or

it is reasonable in the circumstances to do so.

the application is made at or after the notification time for a proposed enterprise agreement; and

the proposed enterprise agreement will cover:

if the application relates to an individual agreement-based transitional instrument—the employee covered by the individual agreement-based transitional instrument; or

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.

the application relates to an individual agreement-based transitional instrument; and

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.

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.

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:

are in operation; and

cover the employees in relation to the work that the employees are to perform under the instrument; and

are employed at that time by an employer who is covered by the instrument and by one or more of the relevant modern awards.

a decision under subitem (6);

any written reasons that the FWC gives in relation to such a decision;

if the decision is to extend the default period for a collective agreement-based transitional instrument—the instrument.

an application is made under subitem (4) in relation to an agreement-based transitional instrument; 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 instrument;

the FWC must make the decision on the application after the critical time; and

the decision on the application is taken to have been made at the critical time; and

if the FWC’s decision on the application is to refuse to extend the default period for the instrument under subitem (6)—the FWC must extend the default period until the end of:

subject to subparagraph (ii), the day the refusal decision is made; or

if the refusal decision specifies a later day that is not more than 14 days after the day the refusal decision is made—that later day.

the Australian Fair Pay and Conditions Standard prevails over an instrument (or an instrument is of no effect because of the Standard) either completely or to a particular extent; or

an instrument prevails over the Australian Fair Pay and Conditions Standard (or the Standard does not apply because of the instrument) either completely or to a particular extent.

on a ‘line-by-line’ basis, comparing individual terms; or

on a ‘like-by-like’ basis, comparing entitlements according to particular subject areas; or

using any combination of the above approaches the FWC sees fit.

section 63 (which allows terms dealing with averaging of hours of work);

section 93 (which allows terms dealing with cashing out and taking paid annual leave);

section 101 (which allows terms dealing with cashing out paid personal/carer’s leave);

subsection 107(5) (which allows terms dealing with evidence requirements for paid personal/carer’s leave etc.);

subsection 115(3) (which allows terms dealing with substitution of public holidays);

section 118 (which allows terms dealing with an employee giving notice to terminate his or her employment);

subsections 121(2) and (3) (which allow terms specifying situations in which the redundancy pay entitlement under section 119 does not apply);

section 126 (which allows terms providing for school-based apprentices and trainees to be paid loadings in lieu).

a transitional instrument includes terms referred to in subsection (1) of section 93 or 101 of the National Employment Standards; but

the terms do not include the requirements referred to in subsection (2) of that section;

a transitional instrument applies to an employee; and

the employee is a shift worker as defined in section 228 of the WR Act;

to resolve an uncertainty or difficulty relating to the interaction between the instrument and the National Employment Standards; or

to make the instrument operate effectively with the National Employment Standards.

a workplace agreement;

a workplace determination;

a preserved State agreement;

an AWA;

a pre-reform AWA;

an agreement-based transitional instrument of any of the following kinds:

a pre-reform certified agreement;

an old IR agreement;

a section 170MX award; and

a modern award;

an agreement-based transitional instrument applies to an employee; and

outworker terms (within the meaning of the FW Act) in a modern award would, but for the transitional instrument, apply to the employee.

the employee;

the employer;

each employee organisation to which the modern award applies.

an award-based transitional instrument ceases to apply to the employee, and the employer or other person in relation to the employee; but

the award-based transitional instrument can (subject to the other provisions of this Part) continue to cover the employee, and the employer or other person in relation to the employee.

an enterprise agreement or workplace determination (under the FW Act) applies to an employer; and

an award-based transitional instrument covers the employer (whether the transitional instrument covers the employer in the employer’s capacity as an employer or an outworker entity); and

the transitional instrument includes one or more designated outworker terms.

the employer;

each employee who is both:

a person to whom the enterprise agreement or workplace determination applies; and

a person who is covered by the transitional instrument;

each employee organisation that is covered by the transitional instrument.

(a) award-based transitional instruments are taken to be instruments to which the definition of designated outworker term in section 12 of the FW Act applies; and

designated outworker terms of an award-based transitional instrument can apply to an employer under subitem (2) even if none of the employees of the employer is an outworker; and

to the extent to which designated outworker terms of an award-based transitional instrument apply to an employer, an employee or an employee organisation because of subitem (2), the transitional instrument applies to the employer, employee or organisation.

what is the base rate of pay of such an employee for the purposes of the FW Act (either generally or for the purposes of entitlements under the National Employment Standards);

what is the full rate of pay of such an employee for the purposes of the FW Act (either generally or for the purposes of entitlements under the National Employment Standards);

whether such an employee is a pieceworker for the purposes of the FW Act.

if the employee is a full time employee—38 hours; or

if the employee is not a full-time employee—the lesser of:

38 hours; and

the employee’s usual weekly hours of work.

subitem (2) does not apply; and

the employee is not a full-time employee; and

there is an agreement under subitem (3) between the employee and his or her employer, but the agreed ordinary hours of work are less than the employee’s usual weekly hours of work;

38 hours; and

the employee’s usual weekly hours of work.

a reference to an enterprise agreement included a reference to an agreement-based transitional instrument; and

a reference to a modern award included a reference to an award-based transitional instrument.

a reference to an enterprise agreement included a reference to an agreement-based transitional instrument; and

a reference to a modern award included a reference to an award-based transitional instrument and a transitional APCS.

the reference in subparagraph 382(b)(i) and paragraph 389(1)(b) of that Act to a modern award included a reference to an award-based transitional instrument; and

the reference in subparagraph 382(b)(ii) and paragraph 389(1)(b) of that Act to an enterprise agreement included a reference to an agreement-based transitional instrument.

(a) the instrument is a preserved collective State agreement or a pre-reform certified agreement that is terminated by FWA as provided for by item 16 because of an application made by an employer covered by the agreement;

the instrument is an individual agreement-based transitional instrument that terminates under item 19 because FWA approves a termination of the instrument by an employer covered by the instrument.

the provisions of Parts 2, 3, 4 and 5 of this Schedule, other than subitems 20(2) and (3) and item 23; or

any other provisions prescribed by the regulations.

an industry-specific redundancy scheme in a modern award applies to an employee; and

a redundancy provision that continues to apply to an employee under subitem (2) is detrimental to the employee, in any respect, when compared to the scheme in the modern award;

the end of the period of 24 months from the time the termination took effect;

the time when the employee ceases to be employed by the employer (otherwise than in circumstances covered by the provision);

the time when an enterprise agreement, workplace determination or ITEA starts to apply to the employee.

an award-based transitional instrument; or

a collective agreement; or

a collective preserved State agreement; or

a pre-reform certified agreement; or

an old IR agreement.

a provision relating to redundancy pay in relation to a termination of employment;

a provision that is incidental to a provision relating to redundancy pay in relation to a termination of employment;

a machinery provision that is in respect of a provision relating to redundancy pay in relation to a termination of employment;

(a) FWA makes a decision (a termination decision) of either of the following kinds:

a decision to terminate a transitional instrument as referred to in paragraph 38(1)(a);

a decision to approve a termination of a transitional instrument as referred to in paragraph 38(1)(b); and

(b) when the termination takes effect, one or more redundancy provisions in the instrument will continue to apply to persons (affected persons) in accordance with item 38.

the termination decision must:

identify the redundancy provision or the redundancy provisions; and

state that the provision or provisions will continue to apply to the affected persons; and

specify the date that is 24 months after the time when the termination takes effect; and

state that the provision or provisions will continue to apply until that date, or an earlier date, in accordance with subitem 38(6); and

(b) FWA must give a copy of the termination decision to each affected person that is:

an employer; or

an employee organisation.

identify the redundancy provision or the redundancy provisions; and

state that the provision or provisions will continue to apply to the affected persons; and

specify the date that is 24 months after the time when the termination takes effect; and

state that the provision or provisions will continue to apply until that date, or an earlier date, in accordance with subitem 38(6).

section 399A of the WR Act;

section 399A of the pre-transition Act (within the meaning of Schedule 7A to the WR Act);

clause 6A of Schedule 7 to the WR Act;

clause 20A of Schedule 7 to the WR Act;

clause 21A of Schedule 8 to the WR Act;

clause 21D of Schedule 8 to the WR Act.

the redundancy provisions were a transitional instrument of the same kind as the terminated instrument; and

a termination of that transitional instrument took effect on the WR Act repeal day as referred to in subitem 38(1); and

the reference in paragraph 38(6)(a) to 24 months were instead a reference to the unexpired part of the period of 24 months that started on the actual termination.

a modern award applies to the employer on or after the Division 2B referral commencement; and

the employer is prescribed by the regulations for the purposes of this paragraph, or is included in a class of employers prescribed by the regulations for the purposes of this paragraph; and

(c) immediately before the relevant transitional award) applied to the employer.Division 2B referral commencement, a transitional award (the

(a) an order, decision or determination of a State industrial body (the source pay equity order) would have applied to the employer if the relevant transitional award had not applied to the employer; and

the source pay equity order satisfies subitem (4).

was made before 15 September 2009; and

provided for increases in rates of pay payable to a particular class of employees (whether the increases were expressed to take effect before, on or after the Division 2B referral commencement); and

was made wholly or partly on the ground of work value, pay equity or equal remuneration (however described); and

is prescribed by the regulations for the purposes of this paragraph.

an employee is entitled to be paid by an employer a base rate of pay under the transitional pay equity order in respect of a particular period; and

the term of the modern award requires the employer to pay a base rate of pay, in respect of that period, that is less than the base rate of pay referred to in paragraph (a).

the instrument regulates terms and conditions of employment;

the instrument was made under a State industrial law by a State industrial body;

the instrument is referred to in that law as an award.

(a) is a State award; or

(b) is not a State award.

an agreement in relation to which the following conditions are satisfied:

the agreement is between an employer and one or more employees of the employer, or between an employer and an association of employees registered under a State industrial law;

the agreement determines terms and conditions of employment of one or more employees of the employer;

the agreement was made under a State industrial law; or

a determination in relation to which the following conditions are satisfied:

the determination determines terms and conditions of employment;

the determination was made under a State industrial law by a State industrial body;

the determination was made in a situation in which parties who were negotiating for the making of an agreement of a kind described in paragraph (a) had not been able to reach an agreement;

the purpose of the determination was to resolve the matters that were at issue in those negotiations.

(a) is a State employment agreement; or

(b) is not a State employment agreement.

it is an agreement of a kind that, under the relevant State industrial law, could only be entered into by a single employee and a single employer; or

the agreement is of a kind prescribed by the regulations for the purpose of this paragraph.

(a) a State award (the source award) was in operation under a State industrial law of a Division 2B referring State (the source State); and

the source award covered (however described in the source award or a relevant law of the source State) employers and employees who become Division 2B State reference employers and Division 2B State reference employees on the Division 2B referral commencement (whether or not the source award also covered other persons);

Division 2 of Part 2 of Schedule 6 (which deals with the enterprise instrument modernisation process);

Schedule 11 (which deals with transfer of business).

any employees, employers or outworker entities that are not Division 2B State reference employees, Division 2B State reference employers or Division 2B State reference outworker entities; or

any employees, employers or outworker entities that are covered by an award-based transitional instrument.

(a) after the employer) starts to employ employees to do work of a kind that was regulated by the source award immediately before that commencement; andDivision 2B referral commencement, a person (the

the employer did not employ employees to do that kind of work immediately before that commencement;

the employer;

employees of the employer;

any other persons, in relation to the employer or employees of the employer.

the State had not been a referring State; and

the law of the source State had continued to apply.

the instrument interaction rules (see item 11); and

the termination of Division 2B State instruments as referred to in item 18; and

Division 2 of Part 5 of this Schedule (which deals with interaction between Division 2B State instruments and FW Act modern awards, enterprise agreements and workplace determinations); and

Schedule 11 (which deals with transfer of business).

(a) a State employment agreement (the source agreement) was in operation under a State industrial law of a Division 2B referring State (the source State); and

the source agreement covered (however described in the source agreement or a relevant law of the source State) employers and employees who become Division 2B State referral employers and Division 2B State referral employees on the Division 2B referral commencement (whether or not the source agreement also covered other persons);

Division 2 of Part 2 of Schedule 6 (which deals with the enterprise instrument modernisation process);

Schedule 11 (which deals with transfer of business).

(a) a State employment agreement (the source agreement) comes into operation under a State industrial law of a Division 2B referring State (the source State); and

the source agreement covers (however described in the source agreement or a relevant law of the source State) employers and employees who are Division 2B State referral employers and Division 2B State referral employees when the source agreement comes into operation (whether or not the source agreement also covers other persons);

Division 2 of Part 2 of Schedule 6 (which deals with the enterprise instrument modernisation process);

Schedule 11 (which deals with transfer of business).

any employees or employers that are not Division 2B State reference employees or Division 2B State reference employers; or

any employees or employers that are covered by an award-based transitional instrument.

the source State had not been a referring State; and

the law of the source State had continued to apply.

the instrument interaction rules (see item 11); and

the termination of Division 2B State instruments as referred to in item 18; and

Division 2 of Part 5 of this Schedule (which deals with interaction between Division 2B State instruments and FW Act modern awards, enterprise agreements and workplace determinations); and

Schedule 11 (which deals with transfer of business).

a State industrial body; or

a person who is independent of the employers, employees or organisations covered by the source award;

cannot be varied; and

cannot be removed from the award.

a State industrial body; or

a person who is independent of the employers, employees or organisations covered by the source agreement.

the State industrial body may settle, or decline to settle, such a dispute; and

the FWC may settle such a dispute if the State industrial body:

ceases to exist; or

declines to settle the dispute.

by an employer to which the Division 2B State employment agreement applies, or by an organisation that is entitled to represent the industrial interests of such an employer, with the consent of:

one or more employees to whom the agreement applies; or

an organisation that is entitled to represent the industrial interests of one or more such employees; or

by an employee to whom the Division 2B State employment agreement applies, or by an organisation that is entitled to represent the industrial interests of such an employee, with the consent of:

an employer to which the Division 2B State employment agreement applies; or

an organisation that is entitled to represent the industrial interests of such an employer.

the Subdivision applies in relation to the model term that is taken by item 7 to be included in a Division 2B State award in the same way as the Subdivision applies in relation to a term in a modern award that provides a procedure for dealing with disputes;

the Subdivision applies in relation to a term to which item 8 applies that is included in a Division 2B State employment agreement in the same way as the Subdivision applies in relation to a term in an enterprise agreement that provides a procedure for dealing with disputes.

the rules were provisions of a law of the Commonwealth; and

any references in the rules to State awards or State employment agreements (however described in the rules) were instead (respectively) references to Division 2B State awards or Division 2B State employment agreements; and

any other modifications of those rules prescribed by the regulations were made.

provisions about what may, or must, be included in an instrument;

provisions to the effect that a particular term of an instrument is of no effect (however described):

either completely or to a limited extent; and

either permanently or for a limited period;

provisions to the effect that a particular term is taken to be included in an instrument.

the rules were provisions of a law of the Commonwealth; and

any references in the rules to State awards or State employment agreements (however described in the rules) were instead (respectively) references to Division 2B State awards or Division 2B State employment agreements; and

any other modifications of those rules prescribed by the regulations were made.

one instrument has priority over, or excludes, another instrument:

either completely or to a particular extent; and

either permanently or for a particular period; or

one instrument ceases to operate because of another instrument:

either completely or to a particular extent; and

either permanently or for a particular period.

the rules were provisions of a law of the Commonwealth; and

any references in the rules to State awards (however described in the rules) were instead references to Division 2B State awards; and

any other modifications of those rules prescribed by the regulations were made.

a State award prevails over, or excludes, a law of the State relating to outworkers; or

a State award has effect subject to a law of the State relating to outworkers.

a contrary intention in this Act; and

the regulations.

annual leave (however described) that accrues to an employee;

personal leave or carer’s leave (however described) that accrues to an employee.

any right or liability that a person acquired, accrued or incurred before the instrument terminated or ceased to apply; or

any investigation, legal proceeding or remedy in respect of any such right or liability.

a provision of this Part or the regulations; or

item 8 (which deals with terms about disputes relating to matters arising under Division 2B State employment agreements); or

item 40 (which deals with resolving difficulties with the interaction between Division 2B State instruments and the National Employment Standards); or

Part 6 of this Schedule (which deals with ongoing operation of State laws for transitional purposes); or

Division 2 of Part 2 of Schedule 6 (which deals with the enterprise instrument modernisation process); or

item 20 of Schedule 9 (which deals with variation of Division 2B State awards in annual wage reviews); or

Schedule 11 (which deals with transfer of business).

a provision of this Part or the regulations; or

Part 6 of this Schedule; or

Division 2 of Part 2 of Schedule 6; or

Schedule 11.

to remove an ambiguity or uncertainty in the instrument; or

if the instrument is a Division 2B State employment agreement—to resolve an uncertainty or difficulty relating to the interaction between the instrument and a modern award; or

to remove terms that are inconsistent with Part 3-1 of the FW Act (which deals with general protections), or to vary terms to make them consistent with that Part.

the termination agreement must be signed by the employee and the employer;

if the employee is under 18, it must also be signed by a parent or guardian of the employee;

the signatures must be witnessed.

within 14 days after the termination agreement was made; or

if in all the circumstances the FWC considers it fair to extend that period—within such further period as the FWC allows.

the FWC is satisfied that the requirements of subitem (1) have been complied with; and

the FWC is satisfied that there are no other reasonable grounds for believing that the employee has not agreed to the termination.

(a) an enterprise agreement (the proposed enterprise agreement) is made that covers the employee and the employer; and

the proposed enterprise agreement comes into operation.

the conditional termination is an agreement signed by the employee and the employer in the circumstances covered by subitem (2); or

the conditional termination is signed by the employer in the circumstances covered by subitem (3).

(a) to whom an individual Division 2B agreement) that has passed its nominal expiry date applies; andDivision 2B State employment agreement (the

who wants to terminate the Division 2B agreement.

make a written declaration that identifies the Division 2B agreement and that states that the employer or employee wants to terminate the agreement; and

apply to the FWC for the approval of the termination.

the notice must identify the Division 2B agreement;

the notice must state that the employer or employee intends to apply to the FWC for approval of the termination of the agreement;

the notice must state that, if the FWC approves the termination, the agreement will terminate on the 90th day after the day on which the FWC makes the approval decision;

the notice must comply with any other requirements of the regulations.

the Division 2B agreement applies to the employer and the employee; and

the requirements of subitems (2) and (3) have been complied with.

(a) subject to paragraph (b), the period of 12 months (the default period) beginning on the day Part 13 of Schedule 1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 commences; or

if the default period is extended for the agreement on one or more occasions under subitem (6) or paragraph (11)(e)—the default period as so extended.

that the employee is covered by a Division 2B State employment agreement; and

that the agreement will terminate unless an application is made to the FWC under subitem (4), before the end of the period of 12 months beginning on the day that Part commences, for the FWC to extend the default period for the agreement; and

of the day on which that Part commences.

an employer covered by the agreement;

an employee covered by the agreement;

an industrial association that is entitled to represent the industrial interests of one or more of the employees covered by the agreement.

a copy of the agreement; and

any declarations that are required by the procedural rules of the FWC to accompany the application.

subitem (7), (8) or (9) applies and it is otherwise appropriate in the circumstances to do so; or

it is reasonable in the circumstances to do so.

the application is made at or after the notification time for a proposed enterprise agreement; and

the proposed enterprise agreement will cover:

if the application relates to an individual Division 2B State employment agreement—the employee covered by the individual Division 2B State employment agreement; or

if the application relates to a collective Division 2B State employment agreement—the same, or substantially the same, group of employees as the Division 2B State employment agreement; and

(c) bargaining for the proposed enterprise agreement is occurring.

the application relates to an individual Division 2B State employment agreement; and

the employee covered by the agreement would be an award covered employee for the agreement under subitem (10) if the agreement were a collective Division 2B State employment agreement; and

(c) it is likely that, as at the time the application is made, the employee would be better off overall if the agreement applied to the employee than if the relevant modern award referred to in that subitem applied to the employee.

the application relates to a collective Division 2B State employment agreement; and

(b) it is likely that, as at the time the application is made, the award covered employees for the agreement under subitem (10), 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.

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:

are in operation; and

cover the employees in relation to the work that the employees are to perform under the agreement; and

are employed at that time by an employer who is covered by the agreement and by one or more of the relevant modern awards.

a decision under subitem (6);

any written reasons that the FWC gives in relation to such a decision;

if the decision is to extend the default period for a collective Division 2B State employment agreement—the agreement.

an application is made under subitem (4) in relation to a Division 2B State employment agreement; 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;

the FWC must make the decision on the application after the critical time; and

the decision on the application is taken to have been made at the critical time; and

if the FWC’s decision on the application is to refuse to extend the default period for the agreement under subitem (6)—the FWC must extend the default period until the end of:

subject to subparagraph (ii), the day the refusal decision is made; or

if the refusal decision specifies a later day that is not more than 14 days after the day the refusal decision is made—that later day.

the day on which the source agreement would nominally have expired under the relevant State industrial law of the source State; or

if that day falls after the end of a period of 3 years beginning on the Division 2B referral commencement—the last day of that 3 year period.

must consider whether any modern awards should be varied to include terms in relation to which the following conditions are satisfied:

the purpose of including the terms is to continue (in whole or in part) the effect of terms that are contained in a Division 2B State award, other than a Division 2B enterprise award;

the terms only relate to employees, employers or other persons covered by the Division 2B State award;

the terms deal with matters of a kind that are permitted by section 136 of the FW Act to be included in modern awards; and

may make one or more determinations varying modern awards to include such terms.

take effect at the end of 12 months after the Division 2B referral commencement; and

cease to have effect:

at the end of 5 years after the Division 2B referral commencement; or

if the terms are expressed to cease to have effect at an earlier time—at that earlier time.

must consider whether any orders should be made in relation to which the following conditions are satisfied:

the purpose of making the order is to continue (in whole or in part) the effect of terms relating to long service leave that are contained in a Division 2B State award, other than a Division 2B enterprise award;

the order only relates to employees, employers or other persons covered by the Division 2B State award; and

may make one or more such orders.

takes effect at the end of 12 months after the Division 2B referral commencement; and

ceases to have effect:

at the end of 5 years after the Division 2B referral commencement; or

if the order is expressed to cease to have effect at an earlier time—at that earlier time.

(a) a termination time) after the Division 2B referral commencement; andDivision 2B State award that applies to the employer terminates at a time (the

(b) the base rate of pay payable immediately before the termination time to some or all of the employees to whom the source pay equity order) of a State industrial body that:Division 2B State award applied was determined in whole or part by, or in accordance with, an order, decision or determination (the

was made before 15 September 2009; and

provided for increases in rates of pay payable to a particular class of employees (whether the increases were expressed to take effect before, on or after the Division 2B referral commencement); and

was made wholly or partly on the ground of work value, pay equity or equal remuneration (however described); and

immediately after the termination time, a modern award applies to the employer.

the Division 2B State award had not terminated; and

the base rate of pay had continued to be determined in whole or part by, or in accordance with, the source pay equity order in respect of that period.

all of the following conditions are satisfied:

the employee was employed by the employer at the termination time;

the Division 2B State award applied to the employee at the termination time;

the employee’s base rate of pay under the Division 2B State award was determined in whole or part by, or in accordance with, the source pay equity order at the termination time; or

all of the following conditions are satisfied:

the employee becomes employed by the employer after the termination time;

a Division 2B State award would have applied to the employee if he or she had been employed by the employer immediately before the termination time;

the employee’s base rate of pay under the Division 2B State award would have been determined in whole or part by, or in accordance with, the source pay equity order at the termination time.

an employee is entitled to be paid by an employer a base rate of pay under the transitional pay equity order in respect of a particular period; and

the term of the modern award requires the employer to pay a base rate of pay, in respect of that period, that is less than the base rate of pay referred to in paragraph (a).

including wages and incentive-based payments, and additional amounts such as allowances and overtime; but

disregarding the effect of any deductions that are made as permitted by section 324 of the FW Act.

when a Division 2B State award terminates because of item 21, the employee becomes a person to whom a modern award applies; and

the employee is employed in the same position as (or a position that is comparable to) the position he or she was employed in immediately before the termination of the Division 2B State award; and

the amount of the employee’s take-home pay for working particular hours or for a particular quantity of work after the termination of the Division 2B State award is less than what would have been the employee’s take-home pay for those hours or that quantity of work immediately before the termination; and

that reduction in the employee’s take-home pay is attributable to the termination of the Division 2B State award.

when a Division 2B State award terminates because of item 21, the outworker becomes a person to whom outworker terms in a modern award relate; and

the outworker is performing the same work as (or work that is similar to) the work he or she was performing immediately before the termination of the Division 2B State award; and

the amount of the outworker’s take-home pay for working particular hours or for a particular quantity of work after the termination of the Division 2B State award is less than what would have been the outworker’s take-home pay for those hours or that quantity of work immediately before the termination; and

that reduction in the outworker’s take-home pay is attributable to the termination of the Division 2B State award.

an employee or outworker who has suffered a reduction in take-home pay to which item 31 applies; or

an organisation that is entitled to represent the industrial interests of such an employee or outworker; or

a person acting on behalf of a class of such employees or outworkers.

the FWC considers that the reduction in take-home pay is minor or insignificant; or

the FWC is satisfied that the employee or employees, or outworker or outworkers, have been adequately compensated in other ways for the reduction.

it does not apply to an employee or outworker unless the employee or outworker has actually suffered a reduction in take-home pay to which item 31 applies; and

if the take-home pay payable to the employee or outworker under the modern award increases after the order is made, there is a corresponding reduction in any amount payable to the employee or outworker under the order.

subsection 675(2);

subsection 706(2).

on a ‘line-by-line’ basis, comparing individual terms; or

on a ‘like-by-like’ basis, comparing entitlements according to particular subject areas; or

using any combination of the above approaches the FWC sees fit.

section 63 (which allows terms dealing with averaging of hours of work);

section 93 (which allows terms dealing with cashing out and taking paid annual leave);

section 101 (which allows terms dealing with cashing out paid personal/carer’s leave);

subsection 107(5) (which allows terms dealing with evidence requirements for paid personal/carer’s leave etc.);

subsection 115(3) (which allows terms dealing with substitution of public holidays);

section 118 (which allows terms dealing with an employee giving notice to terminate his or her employment);

subsections 121(2) and (3) (which allow terms specifying situations in which the redundancy pay entitlement under section 119 does not apply);

section 126 (which allows terms providing for school-based apprentices and trainees to be paid loadings in lieu).

a Division 2B State instrument includes terms referred to in subsection (1) of section 93 or 101 of the National Employment Standards; but

the terms do not include the requirements referred to in subsection (2) of that section;

to resolve an uncertainty or difficulty relating to the interaction between the instrument and the National Employment Standards; or

to make the instrument operate effectively with the National Employment Standards.

a Division 2B State employment agreement applies to an employee; and

outworker terms (within the meaning of the FW Act) in a modern award would, but for the Division 2B State employment agreement, apply to the employee.

the employee;

the employer;

each employee organisation to which the modern award applies.

a Division 2B State award ceases to apply to the employee, and the employer or other person in relation to the employee; but

the Division 2B State award can (subject to the other provisions of this Part) continue to cover the employee, and the employer or other person in relation to the employee.

an enterprise agreement or workplace determination (under the FW Act) applies to an employer; and

a Division 2B State award covers the employer (whether the award covers the employer in the employer’s capacity as an employer or an outworker entity); and

the Division 2B State award includes one or more designated outworker terms.

the employer;

each employee who is both:

a person to whom the enterprise agreement or workplace determination applies; and

a person who is covered by the Division 2B State award;

each employee organisation that is covered by the Division 2B State award.

(a) designated outworker term in section 12 of the FW Act applies; andDivision 2B State awards are taken to be instruments to which the definition of

designated outworker terms of a Division 2B State award can apply to an employer under subitem (2) even if none of the employees of the employer is an outworker; and

to the extent to which designated outworker terms of a Division 2B State award apply to an employer, an employee or an employee organisation because of subitem (2), the award applies to the employer, employee or organisation.

what is the base rate of pay of such an employee for the purposes of the FW Act (either generally or for the purposes of entitlements under the National Employment Standards);

what is the full rate of pay of such an employee for the purposes of the FW Act (either generally or for the purposes of entitlements under the National Employment Standards);

whether such an employee is a pieceworker for the purposes of the FW Act.

if the employee is a full time employee—38 hours; or

if the employee is not a full-time employee—the lesser of:

38 hours; and

the employee’s usual weekly hours of work.

subitem (2) does not apply; and

the employee is not a full-time employee; and

there is an agreement under subitem (3) between the employee and his or her employer, but the agreed ordinary hours of work are less than the employee’s usual weekly hours of work;

38 hours; and

the employee’s usual weekly hours of work.

a reference to an enterprise agreement included a reference to a Division 2B State employment agreement; and

a reference to a modern award included a reference to a Division 2B State award.

a reference to an enterprise agreement included a reference to a Division 2B State employment agreement; and

a reference to a modern award included a reference to a Division 2B State award.

the reference in subparagraph 382(b)(i) and paragraph 389(1)(b) of that Act to a modern award included a reference to a Division 2B State award; and

the reference in subparagraph 382(b)(ii) and paragraph 389(1)(b) of that Act to an enterprise agreement included a reference to a Division 2B State employment agreement.

approve a State employment agreement; or

approve a variation or termination of a State employment agreement; or

vary or terminate a State employment agreement.

approve or certify (however described) the agreement, or the variation or termination, under a State industrial law; and

do any other things (for example, register the agreement) that are required to be done under that law after approval or certification in order for the agreement, or the variation or termination, to come into operation.

make a State award; or

vary or terminate a State award.

is, or is not, an agreement appeal as defined in subitem (1); or

is, or is not, an agreement proceeding as defined in subitem (1); or

is, or is not, an award appeal as defined in subitem (1); or

is, or is not, an award proceeding as defined in subitem (1).

the decision appealed against was made before the Division 2B referral commencement in an award proceeding;

the decision was:

to vary, or not to vary, an award; or

to terminate, or not to terminate, an award.

award proceedings;

award appeals, if the appeal is against a decision to make, or not make, an award.

does not apply to the commencement of an award appeal more than 21 days after the day on which the decision appealed against was made; and

ceases to apply to an award appeal if the appeal has not been completed by the end of the period of 6 months starting on the Division 2B referral commencement.

does not apply to the commencement of an agreement appeal more than 21 days after the day on which the decision appealed against was made; and

ceases to apply to an agreement appeal if the appeal has not been completed by the end of the period of 6 months starting on the Division 2B referral commencement.

a decision made in award appeal to which subitem 55(1) applies;

a decision made in an agreement proceeding to which subitem 56(1) applies;

a decision made in an agreement appeal to which subitem 57(1) applies.

for when a State employment agreement comes into operation, if the State employment agreement was approved by a State industrial body before the Division 2B referral commencement, but the agreement had not yet come into operation by that commencement; or

for when a variation or termination of a State employment agreement comes into operation, if the variation or termination was approved or made by a State industrial body before the Division 2B referral commencement, but the variation or termination had not yet come into operation by that commencement.

that arose before the Division 2B referral commencement under a State industrial law; and

that relates to an act or omission which occurred before that commencement.

the making, variation or termination of State awards or State employment agreements;

bargaining or industrial action.

relates to proceedings that commenced before the Division 2B referral commencement; and

provides for the variation or setting aside of entitlements and obligations arising under a contract of employment, or another arrangement for employment, that a court or a State industrial body of the State finds is unfair.

an order made, or an injunction granted, by a State industrial body or a court of a Division 2B referring State to prevent or stop industrial action (however described) that was in operation immediately before the Division 2B referral commencement may continue to have effect under the law of the State on and after that day; and

the order or injunction may continue to be enforced under the law of the State on or after that day.

section 661;

the following other provisions, as they relate to section 661:

subsections 637(3), (4) and (5);

section 638;

section 640;

section 642;

section 662.

paid annual leave; and

paid personal/carer’s leave.

immediately before the FW (safety net provisions) commencement day, an employee is taking a period of a type of leave under Part 7 of the WR Act; and

there is an equivalent type of leave under the National Employment Standards;

the amount of leave the employee is taking or will take;

the time at which the leave is taken;

the arrangements for taking the leave.

an employee has taken a step that the employee is required to take so that the employee can, on or after the FW (safety net provisions) commencement day, take a type of leave referred to in subitem (1); and

an equivalent step is required under the National Employment Standards;

provisions of the National Employment Standards; and

subsections 22(5) and (6) of the FW Act, as those provisions apply for the purposes of the National Employment Standards;

paid annual leave; and

paid personal/carer’s leave.

the terms and conditions of the employee’s employment referred to in subitem (4) are taken to have provided for an entitlement to redundancy pay; and

paragraph 121(1)(b) of the FW Act does not apply in relation to the employee during the period of 12 months starting on the Division 2B referral commencement.

an employee was, immediately before the Division 2B referral commencement, taking a period of a type of leave under:

Division 6 of Part 7 of the WR Act; or

a State industrial law; and

there is an equivalent type of leave under the National Employment Standards;

the amount of leave the employee is taking or will take;

the time at which the leave is taken;

the arrangements for taking the leave.

an employee has taken a step that the employee is required to take so that the employee can, on or after the Division 2B referral commencement, take a type of leave referred to in subitem (1); and

an equivalent step is required under the National Employment Standards;

a reference to an employee were a reference to a national system employee; and

a reference to an employer were a reference to a national system employer; and

all the words after “eligible entity” in paragraph 576K(2)(b) were omitted and the words “may arrange for work to be performed for the entity (either directly or indirectly), if the work is of a kind that is often performed by outworkers” were substituted; and

(d) the definition of eligible entity in section 576U were omitted; and

subsection 576Z(4) were omitted; and

a reference to an eligible entity were a reference to an outworker entity within the meaning of the FW Act; and

subsection 576K(1) were omitted; and

a reference to an outworker in subsection 576K(2) were a reference to an outworker within the meaning of the FW Act; and

(i) the definition of outworker term in section 576U were omitted; and

a reference to an outworker term in section 576V were a reference to an outworker term within the meaning of the FW Act.

the state of the national economy; and

the likely effects on the national economy of any modern award that the Commission is considering, or is proposing to make, with special reference to likely effects on the level of employment and on inflation; and

the likely effects on the relevant industry or industry sector of any modern award that the Commission is considering, or is proposing to make, including on productivity, labour costs and the regulatory burden on businesses.

(a) terminate any of the following (modernisable instruments) that the FWC considers are completely replaced by the modern award:

award-based transitional instruments;

transitional APCSs; and

if the FWC considers that the modern award only partly replaces a modernisable instrument—vary the coverage terms of the modernisable instrument accordingly.

terminate a modernisable instrument that is an enterprise instrument or a State reference public sector transitional award, or that covers employees who are also covered by an enterprise instrument or a State reference public sector transitional award; or

vary a modernisable instrument that is an enterprise instrument or a State reference public sector transitional award; or

vary a modernisable instrument so that it ceases to cover employees who are also covered by an enterprise instrument or a State reference public sector transitional award.

the day on which the award is made;

the FW (safety net provisions) commencement day.

on its own initiative; or

on application by an employer, employee, organisation or outworker entity covered by the modern award; or

on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award; or

if the variation is of outworker terms in the modern award—on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the terms relate.

achieve the modern awards objective; and

are operating effectively, without anomalies or technical problems arising from the Part 10A award modernisation process.

(a) a modern award includes terms (review terms) under which the FWC may review transitional arrangements included in the award; and

the review terms, and the transitional arrangements, were included in the award in the Part 10A award modernisation process;

review the award in accordance with the review terms; and

make a determination varying the award in any way it considers necessary, having regard to that review.

including wages and incentive-based payments, and additional amounts such as allowances and overtime; but

disregarding the effect of any deductions that are made as permitted by section 324 of the FW Act.

a modern award made in the Part 10A award modernisation process starts to apply to the employee when the award comes into operation; and

the employee is employed in the same position as (or a position that is comparable to) the position he or she was employed in immediately before the modern award came into operation; and

the amount of the employee’s take-home pay for working particular hours or for a particular quantity of work after the modern award comes into operation is less than what would have been the employee’s take-home pay for those hours or that quantity of work immediately before the award came into operation; and

that reduction in the employee’s take-home pay is attributable to the Part 10A award modernisation process.

when a modern award that contains outworker terms comes into operation, the outworker is a person to whom outworker terms in the modern award relate; and

the outworker is performing the same work as (or work that is similar to) the work he or she was performing immediately before the modern award came into operation; and

the amount of the outworker’s take-home pay for working particular hours or for a particular quantity of work after the modern award comes into operation is less than what would have been the outworker’s take-home pay for those hours or that quantity of work immediately before the award came into operation; and

that reduction in the outworker’s take-home pay is attributable to the Part 10A award modernisation process.

an employee or outworker who has suffered a modernisation-related reduction in take-home pay; or

an organisation that is entitled to represent the industrial interests of such an employee or outworker; or

a person acting on behalf of a class of such employees or outworkers.

the FWC considers that the modernisation-related reduction in take-home pay is minor or insignificant; or

the FWC is satisfied that the employee or employees, or outworker or outworkers, have been adequately compensated in other ways for the reduction.

it does not apply to an employee or outworker unless the employee or outworker has actually suffered a modernisation-related reduction in take-home pay; and

if the take-home pay payable to the employee or outworker under the modern award increases after the order is made, there is a corresponding reduction in any amount payable to the employee or outworker under the order.

subsection 675(2);

subsection 706(2).

an enterprise award-based instrument;

an enterprise preserved collective State agreement;

a Division 2B enterprise award.

a single enterprise (or a part of a single enterprise) only; or