s 768BY

Modification of the Transitional Act for copied State instruments

In force

(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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