Sch 1 s 28Application of amendments—when employees have genuinely agreed to an enterprise agreement

28 Application of amendments—when employees have genuinely agreed to an enterprise agreement

(1) The amendments of section 188 of this Act made by Schedule 2 to the amending Act apply in relation to an application made under section 185 of this Act for approval of an enterprise agreement if the application is made:

(a) on or after the Schedule 2 commencement day; or

(b) before the Schedule 2 commencement day, if circumstances covered by subclause (2) apply.

(2) The circumstances covered by this subclause are:

(a) on or before the Schedule 2 commencement day, the FWC had neither approved, nor refused to approve, the enterprise agreement; or

(b) before the Schedule 2 commencement day:

(i) the FWC approved, or refused to approve, the enterprise agreement; and

(ii) an application was made under section 604 for an appeal against the decision to approve, or refuse to approve, the enterprise agreement; and

(iii) the FWC had not yet made a final decision on the appeal; or

(c) all of the following apply:

(i) within 21 days before the Schedule 2 commencement day, the FWC approved, or refused to approve, the enterprise agreement;

(ii) immediately before the Schedule 2 commencement day, an application had not been made under section 604 for an appeal against the decision to approve, or refuse to approve, the enterprise agreement;

(iii) within 21 days after the FWC approved, or refused to approve, the enterprise agreement, an application is made under section 604 for an appeal against that decision.