WORKPLACE RELATIONS ACT 1996 - SECT 527 Preservation of certain award terms

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 527

             (1)  A term, or more than one term, of an award is a preserved award term if:

                     (a)  the term or terms are about a matter referred to in subsection (2); and

                     (b)  the term or terms were in effect immediately before the reform commencement.

Note:          Section 525, which provides for certain terms of awards to cease immediately after the reform commencement, does not affect the operation of preserved award terms--see subsection 525(2).

             (2)  For the purposes of paragraph (1)(a), the matters are as follows:

                     (a)  annual leave;

                     (b)  personal/carer's leave;

                     (c)  parental leave, including maternity and adoption leave;

                     (d)  long service leave;

                     (e)  notice of termination;

                      (f)  jury service;

                     (g)  superannuation.

             (3)  If a term of an award referred to in subsection (1) is about both matters referred to in subsection (2) and other matters, it is taken to be a preserved award term only to the extent that it is about the matters referred to in subsection (2).

             (4)  If more than one term of an award is about a matter referred to in subsection (2), then those terms, taken together, constitute the preserved award term of that award about that matter.

             (6)  A preserved award term continues to have effect for the purposes of this Act.

Note:          Preserved award terms may not be varied.

             (7)  In this section:

"personal/carer's leave" includes war service sick leave, infectious diseases sick leave and other like forms of sick leave.

             (8)  The regulations may provide that for the purposes of subsection (2):

                     (a)  the matter referred to in paragraph (2)(c) does not include one or both of the following:

                              (i)  special maternity leave (within the meaning of section 265);

                             (ii)  the entitlement under section 268 to transfer to a safe job or to take paid leave; and

                     (b)   personal/carer's leave does not include one or both of the following:

                              (i)  compassionate leave (within the meaning of section 257);

                             (ii)  unpaid carer's leave (within the meaning of section 244).

Note:          The effect of excluding a form of leave or an entitlement in relation to a matter is that the entitlement in relation to that form of leave or matter under the Australian Fair Pay and Conditions Standard will automatically apply.

             (9)  Regulations under subsection (8) may be expressed to apply generally or in respect of employees engaged in specified types of employment, such as full‑time employment, part‑time employment, casual employment, regular part‑time employment or shift work.