44CCertain agreed awards to have effect as enterprise agreements

44C Certain agreed awards to have effect as enterprise agreements

44C Certain agreed awards to have effect as enterprise agreements

(1) This clause applies to an award that was in force immediately before the relevant time—

(a) that applies to a group of employees that is constituted wholly or partly by employees of any constitutional corporation and in respect of which an enterprise agreement could have been made (as referred to in section 30), and

(b) the parties to which are limited to the kinds of persons or bodies that could have been parties to an enterprise agreement (as referred to in section 31) in respect of those employees, and

(c) that binds only the parties to the award and the employees for whom the award was made, and

(d) that was made by the Commission so as to give effect to an agreement of the parties to the award.

(2) Without limiting subclause (1) (d), an award was made so as to give effect to an agreement of the parties if—

(a) the award was made with the consent of the parties, or

(b) the award substantially gives effect to conditions of employment agreed to, or jointly proposed to the Commission, by the parties.

(3) On and from the relevant time—

(a) an award to which this clause applies ceases to have effect as an award, but only to the extent to which it applies to employees of a constitutional corporation (the relevant award), and

(b) an enterprise agreement (with the features referred to in subclause (4) (a)–(d)) has effect instead of the relevant award in respect of those employees even though the formalities under Part 2 of Chapter 2 for the making of an enterprise agreement may not have been complied with.

(4) Part 2 of Chapter 2 applies to any enterprise agreement given effect to by subclause (3) (b) in the same way as that Part applies to any other enterprise agreement, subject to the following—

(a) the agreement is taken to have been duly made and to have been duly approved by the Commission at the relevant time,

(b) the agreement binds the same employees of a constitutional corporation and parties as the relevant award,