Avoiding likely reductions in take‑home pay
2.08 Avoiding likely reductions in take‑home pay
This regulation is made for subitem 8(1) of Schedule 2 to the Act.
Schedule 3A to the Act is modified by inserting the following item after item 31.
‘31A Employees or outworkers to whom a modern award will apply
If:
a modern award does not currently apply to an employee or outworker; and
the modern award will apply to the employee or outworker when a Division 2B State award terminates because of item 21;
then for this Division, the Division 2B State award is taken to have terminated and the employee or outworker is taken to be a person to whom a modern award applies.’
Schedule 3A to the Act is modified by inserting the following item after item 32.
‘32A Orders remedying likely reductions in take‑home pay
FWA may make a take‑home pay order under item 32 if an employee or outworker, or a class of employees or outworkers, to whom a modern award applies is likely to suffer a reduction in take‑home pay attributable to the termination of a Division 2B State award.’
Schedule 5 to the Act is modified by inserting the following item after item 9.
‘9A Orders remedying likely reductions in take‑home pay
FWA may make a take‑home pay order under item 9 if an employee or outworker, or a class of employees or outworkers, to whom a modern award applies is likely to suffer a modernisation‑related reduction in take‑home pay attributable to the Part 10A award modernisation process.’
Schedule 6 to the Act is modified by inserting the following item after item 11.
‘11A Employees to whom a modern enterprise award will apply
If:
a modern enterprise award does not currently apply to an employee; and
the modern enterprise award will apply to the employee when the award comes into operation;
then for this Division, the modern enterprise award is taken to have come into operation and to have started to apply to the employee.’
Schedule 6 to the Act is modified by inserting the following item after item 12.
‘12A Orders remedying likely reductions in take‑home pay
FWA may make a take‑home pay order under item 12 if an employee, or a class of employees, to whom a modern enterprise award applies is likely to suffer a modernisation‑related reduction in take‑home pay attributable to the enterprise instrument modernisation process.’
Schedule 6A to the Act is modified by inserting the following item after item 13.
‘13A Employees to whom a State reference public sector modern award will apply
If:
a State reference public sector modern award does not currently apply to an employee; and
the State reference public sector modern award will apply to the employee when the award comes into operation;
then for this Division, the State reference public sector modern award is taken to have come into operation and to have started to apply to the employee.’
Schedule 6A to the Act is modified by inserting the following item after item 14.
‘14A Orders remedying likely reductions in take‑home pay
FWA may make a take‑home pay order under item 14 if an employee, or a class of employees, to whom a State reference public sector modern award applies is likely to suffer a modernisation‑related reduction in take‑home pay attributable to the State reference public sector transitional award modernisation process.’
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