Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009

Despite item 29 of Schedule 3, an award‑based transitional instrument that:

sets minimum terms and conditions for an employee participating in the program of the State of Queensland known as:

the Community Jobs Plan; or

the Green Army; and

covered the employee immediately before 1 January 2010;

The award‑based transitional instrument also covers an employee:

who is employed, on or after 1 January 2010, by an employer of an employee who is covered by the award‑based transitional instrument, as a participant in either of those programs; and

who would have been covered by the award‑based transitional instrument under subregulation (1) if the employee had been employed immediately before 1 January 2010.

For subregulations (1) and (2), the award‑based transitional instrument also covers an employer in respect of the employee.

Despite section 47 of the FW Act, a modern award that would, but for this subregulation, apply to the employee does not apply for the period during which the award‑based transitional instrument covers the employee.

Despite item 11 of Schedule 9, a transitional APCS that is derived from the Training Wage Award of the State of Queensland:

covers an employee who is covered by the award‑based transitional instrument; and

covers an employer in respect of the employee.

Despite anything in this Act or the FW Act, the National Employment Standards do not apply to:

an employee who is covered by the award‑based transitional instrument; or

an employer in respect of the employee.

This regulation ceases to apply at the end of 30 June 2012.