Transitional instruments not to cover certain employers and employees
3.05 Transitional instruments not to cover certain employers and employees
For subitem 8(1) of Schedule 2 to the Act, Schedule 3 to the Act is modified by inserting the following subitems after subitem 3(3).
‘(3A) However, if:
an employer (an excluded employer) has ceased to be a national system employer under subsection 14(2) of the FW Act; and
a State industrial law includes transitional arrangements that provide for a State industrial instrument to cover (however described):
excluded employers in that State; and
employees of the excluded employers (the excluded employees); and
the State industrial instrument would not cover (however described) the excluded employer and the excluded employees because of the operation of a transitional instrument; and
when the State industrial instrument would first cover (however described) the excluded employer and the excluded employees but for the operation of the transitional instrument, the terms and conditions that would apply to the excluded employees under the State industrial instrument would be substantially similar to the terms and conditions in the transitional instrument;
the transitional instrument does not cover the excluded employer and the excluded employees, and can never again cover them.
The terms and conditions may be varied or revoked by a State industrial order.
The transitional arrangements may provide that minimum entitlements provided for by a State industrial law are to be read into the State industrial instrument.
The transitional instrument mentioned in subitem (3A) does not cover the excluded employer and excluded employees on and after the later of:
the day on which the endorsement of a declaration that the employer is not to be a national system employer commences; and
the day on which the transitional arrangements provide for the State industrial instrument to start to cover (however described) the excluded employer and the excluded employees.’
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