Certified agreement to apply to particular staff members
72 Certified agreement to apply to particular staff members
Subsection (2) applies if immediately before the commencement—
the core agreement has not been terminated; and
a relevant agreement has not started operating under the Industrial Relations Act 2016.
From the commencement—
the core agreement is taken to apply, for all purposes, as if the authority were an entity specified in Appendix 1 of the agreement; and
without limiting paragraph (a), the core agreement—
is taken to cover the authority; and
is taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in Appendix 1 of the agreement.
Subsections (4) and (5) apply if—
the core agreement has been terminated; and
the replacement agreement is not a relevant agreement.
The replacement agreement is taken to apply, for all purposes, as if the agreement applied to employees of the authority.
Without limiting subsection (4), the replacement agreement—
is taken to cover the authority; and
is taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in the agreement as an entity to which the agreement applied.
This section applies until a relevant agreement starts operating under the Industrial Relations Act 2016.
In this section—
arbitration determination see the Industrial Relations Act 2016, section 168.
certified agreement see the Industrial Relations Act 2016, section 164.
core agreement means the certified agreement known as the ‘State Government Entities Certified Agreement 2023’.
covers, in relation to a certified agreement, see the Industrial Relations Act 2016, section 221.
relevant agreement means a certified agreement or arbitration determination that covers—
the authority; and
any staff members of the authority.
replacement agreement means a certified agreement or arbitration determination that replaces the core agreement.
This Act’s bill:Explanatory memorandumSecond reading speech
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