FAIR WORK ACT 2009 - SECT 768AI What is a copied State award?

FAIR WORK ACT 2009 - SECT 768AI

  (1)   If, immediately before the termination time of a transferring employee:

  (a)   a State award (the original State award ) was in operation under the State industrial law of the State; and

  (b)   the original State award covered (however described in the original State award or a relevant law of the State) the old State employer and the transferring employee (whether or not the original State award also covered other persons);

then a copied State award for the transferring employee is taken to come into operation immediately after the termination time.

Note 1:   Even though a copied State award comes into operation in relation to the transferring employee, it will not be enforceable by the employee or another person (for example, the new employer) unless and until it applies to the employee or other person. In particular, it will not apply to the employee or new employer before the employee becomes employed by the new employer. For when the copied State award applies to a person, see section   768AM.

Note 2:   A copied State employment agreement for the transferring employee may also come into operation immediately after the termination time, see subsection   768AK(1). If it does, then the State's interaction rules that were in force immediately before the termination time apply for the purposes of working out the interaction between the copied State award and the copied State employment agreement (see item   11 of Schedule   3A to the Transitional Act as that item applies in a modified way because of section   768BY).

  (2)   The copied State award is taken to include the same terms as were in the original State award immediately before the termination time.

Note:   The State's instrument content rules that were in force immediately before the termination time apply to the copied State award (see item   10 of Schedule   3A to the Transitional Act as that item applies in a modified way because of section   768BY).

  (3)   If the terms of the original State award were affected by an order, a decision or a determination of a State industrial body or a court of the State that was in operation immediately before the termination time, the terms of the copied State award are taken to be similarly affected by the terms of that order, decision or determination.