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Section : When a non-greenfields agreement passes the better off overall test
Domain : Human Resource Management
Classification : Not Identified
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(1) An enterprise agreement that is not a greenfields agreement passes the better off overall test under this section if FWA is satisfied, as at the test time, that each award covered employee, and each prospective award covered employee, for the agreement would be better off overall if the agreement applied to the employee than if the relevant modern award applied to the employee. FWA must disregard individual flexibility arrangement individual flexibility arrangement has been agreed to by an award (2) If, under the flexibility term in the relevant modern award, an covered employee and his or her employer, FWA must disregard Chapter 2 Terms and conditions of employment Part 2-4 Enterprise agreements Division 4 Approval of enterprise agreements