Permits, licences and authorisations issued under State industrial laws of Division 2B referring States
2.05B Permits, licences and authorisations issued under State industrial laws of Division 2B referring States
For paragraph 7(1)(c) of Schedule 2 to the Act, this regulation applies if:
a permit, licence or authority (however described) made:
by a State industrial body; and
under a State industrial law of a Division 2B referring State (within the meaning of that Schedule);
is in existence immediately before the Division 2B referral commencement (within the meaning of that Schedule); and
the effect of the permit, licence or authority is to allow an employee to be paid a base rate of pay that is less than:
the base rate of pay specified in a source State award or source State employment agreement, within the meaning of Schedule 2 to the Act, that applies to the employee; or
the relevant minimum wage of the State that would otherwise apply.
On and after the Division 2B referral commencement:
the base rate of pay specified in the permit, licence or authority continues to apply in relation to the employee; and
the base rate of pay to which the employee would be entitled:
under a Division 2B State instrument; or
under a modern award; or
under a national minimum wage order that applies to the employee’s employment; or
under item 19 of Schedule 9 to the Act (if applicable);
does not apply in relation to the employment; and
Schedule 9 to the Act does not apply in relation to the base rate of pay specified in the permit, licence or authority.
Subregulation (2) ceases to have effect on the earlier of:
the date on which the permit, licence or authority is expressed to expire; and
the end of the period of 12 months starting on the Division 2B referral commencement.
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