Part 3Other requirements and modifications applying to making and varying enterprise agreements during the bridging period

Part 3—Other requirements and modifications applying to making and varying enterprise agreements during the bridging period Paragraph 186(2)(c) of the FW Act (which deals with terms that contravene section 55 of that Act) does not apply in relation to: Note: Section 55 of the FW Act (which deals with the interaction between the National Employment Standards and enterprise agreements etc.) will apply after the end of the bridging period. Section 56 of that Act provides that a term of an enterprise agreement has no effect to the extent that it contravenes section 55. Subparagraph 186(6)(a)(ii) of the FW Act (which deals with a requirement for an enterprise agreement to have a term about settling disputes in relation to the National Employment Standards) applies in relation to: as if the words “as those provisions apply after the end of the bridging period” were added after “National Employment Standards”. Note: For disputes relating to the Australian Fair Pay and Conditions Standard as it applies during the bridging period, see item 27. (1) Subsection 187(4) of the FW Act (which deals with requirements relating to particular kinds of employees) does not apply in relation to: (2) Section 200 of the FW Act (which deals with requirements relating to outworkers) applies in relation to the agreement or variation as if: (a) references in that section to a modern award were references to an award, a State reference transitional award or common rule, or a notional agreement preserving State awards; and (b) references in that section to outworker terms were references to terms that are (or that would be, if the terms were in an award) outworker terms as defined in section 564 of the WR Act. The FW Act applies during the bridging period as if section 206 (which deals with base rate of pay under enterprise agreements) were omitted. Paragraph 185(3)(b) of the FW Act (which deals with extending the period within which an application must be made to FWA for approval of an enterprise agreement) does not apply in relation to an enterprise agreement made during the period of 14 days ending at the end of the bridging period. Note: If an application for approval of an enterprise agreement referred to in this item is not made to FWA within 14 days of it being made: Paragraph 210(3)(b) of the FW Act (which deals with extending the period within which an application must be made to FWA for approval of a variation of an enterprise agreement) does not apply in relation to a variation of an enterprise agreement, if that variation was made during the period of 14 days ending at the end of the bridging period. Note: If an application for approval of a variation referred to in this item is not made to FWA within 14 days of it being made: 17 Enterprise agreement made during the bridging period prevails over State and Territory laws dealing with long service leave Despite subsection 29(2) of the FW Act, an enterprise agreement made during the bridging period prevails over a law of a State or Territory, to the extent of any inconsistency, so far as that law deals with long service leave. Note: A term of such an enterprise agreement will still apply subject to a law of a State or Territory so far as that law is otherwise covered by paragraph 29(2)(a) or (b) of the FW Act.