Transitional pay equity order taken to have been made by FWC—Division 2B State reference transitional awards (prescribed employers)
3.03B Transitional pay equity order taken to have been made by FWC—Division 2B State reference transitional awards (prescribed employers)
For paragraph 43(2)(b) of Schedule 3 to the Act, the prescribed class of employers is the employers:
to whom the Social, Community, Home Care and Disability Services Industry Award 2010 applies on or after 1 January 2010 in relation to affected employees; and
to whom either of the following transitional awards applied immediately before 1 January 2010 in relation to affected employees:
the Social and Community Services (Queensland) Award 2001 [Transitional];
the Crisis Assistance Supported Housing (Queensland) Award 1999 [Transitional]; and
who received supplementary funding from the Government of Queensland in relation to the prescribed source pay equity order mentioned in regulation 3.03C; and
who were not constitutional corporations immediately before 1 January 2010.
However, the prescribed class of employers does not include an employer in relation to an affected employee if, immediately before 1 January 2010:
an enterprise agreement applied to the employer in relation to the affected employee; or
a transitional agreement‑based instrument of the following kinds applied to the employer in relation to the affected employee:
a workplace agreement;
a workplace determination;
a preserved State agreement;
an AWA;
a pre‑reform AWA.
See subitem 28(1) of Schedule 3 to the Act.
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