Section 28 — Fair Work Act 2009: 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.