Sch 2AContinuity of industrial arrangements—local government sector

Schedule 2A—Continuity of industrial arrangements—local government sector 1—Preliminary designated day means the day on which this Schedule comes into operation; federal enterprise agreement means an enterprise agreement under the Commonwealth Act; 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; local government sector employee has the same meaning as in the Fair Work (Commonwealth Powers) Act 2009; National Fair Work legislation means— (a) the Commonwealth Act; or (b) the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; State industrial instrument means— (a) an enterprise agreement approved (or purportedly reached) under this Act; or (b) an agreement reached (or purportedly approved) as a result of a referral of a matter to SAET under Schedule 1 of the Commercial Arbitration and Industrial Referral Agreements Act 1986. 2—State industrial instruments A State industrial instrument— (a) that relates (or purports to relate) to local government sector employees; and (b) that is in operation (or purportedly in operation) immediately before the designated day, is to be taken to be, and to have always been, valid and effectual for the purposes of the law of the State. 3—Federal industrial instruments—immediate changeover (1) A federal industrial instrument— (a) that relates (or purports to relate) to local government sector employees; and (b) that is in operation (or purportedly in operation) immediately before the designated day; and (c) in the case of an award—that is brought within the ambit of this clause by proclamation, will, on the designated 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)— (d) with the same terms and provisions as the relevant instrument under the relevant Act of the Commonwealth; but (e) 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 designated 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 designated day. 4—Federal enterprise agreements—later changeover (a) an application for approval of a federal enterprise agreement that relates to local government sector employees has been made under section 185 of the Commonwealth Act before the designated day but not approved by Fair Work Australia by that day; and (b) Fair Work Australia then approves the federal enterprise agreement under the Commonwealth Act on or after the designated day, then the federal enterprise agreement will, on its approval by Fair Work Australia, be taken to be an enterprise agreement that has been approved by this Act— (c) with the same terms and provisions as the federal enterprise agreement; but (d) 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) and (4). (2) If an enterprise agreement is taken to be approved under this Act by virtue of the operation of subclause (1)— (a) this Act will apply in relation to the enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and (b) 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 any term or provision of the enterprise agreement if SAET is satisfied that it is fair and reasonable to do so in the circumstances. (3) SAET may, in varying an enterprise agreement under subclause (2)(b) (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). (4) Despite a preceding subclause, if an enterprise agreement taken to be approved 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 enterprise agreement will be taken to be modified to the extent necessary to meet those standards. (5) An enterprise agreement taken to be approved 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 date of approval of the federal enterprise agreement. 5—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.