Sch 2Continuity of industrial arrangements—government business enterprises

Schedule 2—Continuity of industrial arrangements—government business enterprises 1—Preliminary federal industrial instrument means any award, agreement determination, order or other form of instrument that relates to 1 or more industrial matters under the National Fair Work legislation, other than an Australian workplace agreement, a pre‑reform AWA or an Individual Transitional Employment Agreement; GBE means an agency or instrumentality of the Crown declared by proclamation to be a government business enterprise for the purposes of this Schedule; GBE employee means a person employed or appointed by a GBE; National Fair Work legislation means— (a) the Commonwealth Act; or (b) the Fair Work (Transitional and Consequential Amendments) Act 2009 of the Commonwealth; relevant day means, in relation to each GBE, a day fixed by the Governor by proclamation as being the relevant day for the purposes of the application of this Schedule to the GBE. 2—Operation of federal industrial instruments (1) A federal industrial instrument that, on the relevant day in relation to a particular GBE, relates (or purports to relate) to the GBE employees of that GBE (being a federal industrial instrument in operation (or purportedly in operation) immediately before the relevant day), will, on the relevant day, be taken to be an award or enterprise agreement (as the case may require in order to achieve the greatest degree of correspondence) under this Act (insofar as it relates to those employees and any other relevant parties)— (a) with the same terms and provisions as the relevant instrument under the relevant Act of the Commonwealth; but (b) subject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclauses (2), (3), (4) and (5). (2) The regulations may prescribe rules that are to be applied for the purposes of achieving the greatest degree of correspondence envisaged by subclause (1). (3) If an award or enterprise agreement is taken to exist under this Act by virtue of the operation of subclause (1)— (a) the award or enterprise agreement will be taken to be made or approved under this Act on the relevant day; and (b) this Act will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and (c) SAET may, on application by the Minister, or on application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if SAET is satisfied that it is fair and reasonable to do so in the circumstances. (4) SAET may, in varying an award or enterprise agreement under subclause (3)(c) (after taking into account what is fair and reasonable in the circumstances), confer an exemption from the operation of any provision of this Act (being an exemption that has effect subject to such conditions (if any) as SAET thinks fit to impose). (5) Despite a preceding subclause, if an award or enterprise agreement taken to exist under this clause would, but for this subclause, provide for remuneration or other conditions of employment that are inferior to the standards that apply under Chapter 3 Part 1 Division 2, the award or enterprise agreement will be taken to be modified to the extent necessary to meet those standards. (6) An award or enterprise agreement taken to exist under this clause will, unless it has been superseded or rescinded in the meantime, expire at the end of the period of 2 years from the relevant day. 3—Ability to carry over matters SAET may, in connection with the operation of this Schedule, or any matter arising, directly or indirectly, out of the operation of this Schedule— (a) accept, recognise, adopt or rely on any step taken under, or for the purposes of, the National Fair Work legislation; and (b) accept or rely on any matter or thing (including in the nature of evidence presented for the purposes of any proceedings) that has been presented, filed or provided under, or for the purposes of, the National Fair Work legislation; and (c) give effect in any other way to any other thing done under, or for the purposes of, the National Fair Work legislation.