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FAIR WORK ACT 2009 - SECT 768BY Modification of the Transitional Act for copied State instruments

FAIR WORK ACT 2009 - SECT 768BY

Modification of the Transitional Act for copied State instruments

  (1)   Each relevant transitional provision (see subsection   (2)) has effect in relation to a transferring employee as if a reference to a term referred to in column 1 were a reference to the term referred to in column 2. The provision has effect from the time specified in column 3 of the table in subsection   (2).

 

Modification of the Transitional Act and regulations for copied State instruments

Item

Column 1

Current term

Column 2

New term

1

Division   2B State instrument

copied State instrument for the transferring employee

2

Division   2B State award

copied State award for the transferring employee

3

Division   2B State award applying (within the meaning of the Transitional Act) to a person

copied State award for the transferring employee applying (within the meaning of this Act) to a person

4

Division   2B State award covering (within the meaning of the Transitional Act) a person

copied State award for the transferring employee covering (within the meaning of this Act) a person

5

Division   2B State employment agreement

copied State employment agreement for the transferring employee

6

collective Division   2B State employment agreement

copied State collective employment agreement for the transferring employee

7

individual Division   2B State employment agreement

copied State individual employment agreement for the transferring employee

8

Division   2B State employment agreement applying (within the meaning of the Transitional Act) to a person

copied State employment agreement for the transferring employee applying (within the meaning of this Act) to a person

9

Division   2B State employment agreement covering (within the meaning of the Transitional Act) a person

copied State employment agreement for the transferring employee covering (within the meaning of this Act) a person

10

nominal expiry date of a Division   2B State employment agreement

nominal expiry date of a copied State employment agreement for the transferring employee

11

Division   2B referral commencement

transferring employee's termination time

12

Division   2B State reference employee

transferring employee

13

Division   2B referring State

the State of the old State employer

14

source State

the State of the old State employer

  (2)   For the purposes of subsection   (1), the relevant transitional provisions are:

  (a)   the provisions of the Transitional Act that are listed in column 1; and

  (b)   the regulations made for the purposes of those provisions.

 

Modification of the Transitional Act and regulations for copied State instruments

Item

Column 1

Relevant transitional provision

Column 2

Which is about

Column 3

Relevant time

1

item   10 of Schedule   3A

instrument content rules

the transferring employee's termination time

2

item   11 of Schedule   3A

instrument interaction rules

the transferring employee's termination time

3

item   13 (other than note 1 and note 2) of Schedule   3A

references to State industrial bodies

the transferring employee's termination time

4

item   17 of Schedule   3A

no loss of accrued rights etc. when instrument terminates

the transferring employee's re - employment time

5

item   20 of Schedule   3A

variation of discriminatory instruments

the transferring employee's termination time

6

item   22 of Schedule   3A

collective agreements-termination by agreement

the transferring employee's re - employment time

7

item   23 of Schedule   3A

collective agreements-termination by the FWC

the transferring employee's re - employment time

8

item   24 of Schedule   3A

individual agreements-termination by agreement

the transferring employee's re - employment time

9

item   25 of Schedule   3A

individual agreements-termination conditional on enterprise agreement

the transferring employee's re - employment time

10

item   26 of Schedule   3A

individual agreements-unilateral termination by the FWC

the transferring employee's re - employment time

11

item   47 of Schedule   3A

employee not award/agreement free

the transferring employee's re - employment time

12

item   48 of Schedule   3A

calculating an employee's ordinary hours of work

the transferring employee's re - employment time

13

items   19, 20 and 21 of Schedule   4

interaction with the NES

the transferring employee's re - employment time

14

Part   5 of Schedule   9

base rates of pay

the transferring employee's re - employment time

15

Division   4 of Part   3 of Schedule   11

transfer of business

the transferring employee's re - employment time

16

item   4 of Schedule   12

general protections

the transferring employee's termination time

17

items   2, 3, 4 and 17 of Schedule   13

industrial action

the transferring employee's re - employment time

18

item   4B of Schedule   16 (as that item relates to subitems   25(6) and (7) of Schedule   3A) and item   16 of Schedule   16 (as that item relates to item   4B of Schedule   16)

compliance relating to conditional terminations of individual employment agreements

the transferring employee's re - employment time

19

items   12 and 13 of Schedule   16 and item   16 of Schedule   16 (as that item relates to those items)

compliance relating to non - disclosure obligations

the transferring employee's re - employment time



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