768ALWhat is a State employment agreement?

768AL What is a State employment agreement?

(1) A State employment agreement is:

(a) an agreement in relation to which the following conditions are satisfied:

(i) the agreement is between a non‑national system employer and one or more of the employees of the employer, or between a non‑national system employer and an association of employees registered under a State industrial law;

(ii) the agreement determines terms and conditions of employment of one or more employees of the employer;

(iii) the agreement was made under a State industrial law; or

(b) a determination in relation to which the following conditions are satisfied:

(i) the determination determines terms and conditions of employment;

(ii) the determination was made under a State industrial law by a State industrial body;

(iii) the determination was made in a situation in which parties who were negotiating for the making of an agreement of a kind described in paragraph (a) had not been able to reach an agreement;

(iv) the purpose of the determination was to resolve the matters that were at issue in those negotiations.

(2) However, the regulations may provide that an instrument of a specified kind:

(a) is a State employment agreement; or

(b) is not a State employment agreement.

(3) A State employment agreement is a State collective employment agreement unless:

(a) it is an agreement of a kind that, under the relevant State industrial law, could only be entered into by a single employee and a single employer; or

(b) the agreement is of a kind prescribed by the regulations.

(4) A State employment agreement referred to in paragraph (3)(a) or (b) is a State individual employment agreement.