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Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
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Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
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Turn the raw legal text into a practical explanation grounded in Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
Part 7—Transitional provision about the operation of the better off overall test if a transitional pay equity order applies
(b) the FWC must decide whether the agreement, or the agreement as proposed to be varied, passes the better off overall test; and
(c) an employer covered by the agreement, or the agreement as proposed to be varied, is an employer to which a transitional pay equity order applies; and
(d) an employee covered by the agreement, or the agreement as proposed to be varied, is an affected employee of the employer referred to in paragraph (c).
(2) For the purposes of determining whether the affected employee would be better off overall if the agreement, or the agreement as proposed to be varied, applied to the employee than if the relevant modern award applied to the employee, the base rate of pay payable under the relevant modern award to the employee is taken to be increased so that it is equal to the amount payable to the employee under the transitional pay equity order.