768AOWhen is a copied State instrument in operation?

768AO When is a copied State instrument in operation?

When instrument comes into operation

(1) A copied State instrument for a transferring employee comes into operation immediately after the employee’s termination time.

When copied State award ceases to operate

(2) A copied State award for a transferring employee ceases to operate at the following time:

(a) unless paragraph (b) applies—the end of the period (the default period) that is 5 years or such longer period as is prescribed by the regulations, starting on the day the employee’s termination time occurred;

(b) if the regulations allow the FWC to make an order to extend the period of operation of a copied State award for a transferring employee and, in accordance with those regulations, the FWC makes an order that the award operates for a period that is longer than the default period—the end of that period.

(3) The regulations may:

(a) prescribe circumstances in which the FWC may make an order for the purposes of paragraph (2)(b); and

(b) prescribe a maximum period that the order may specify; and

(c) otherwise make provision in relation to the making of the order.

When copied State agreement ceases to operate

(4) A copied State employment agreement for a transferring employee ceases to operate when it is terminated, which may happen before or after the nominal expiry date of the agreement.

Note 1: See section 768AY for how the copied State employment agreement can be terminated.

Note 2: If, after the transferring employee’s re‑employment time with the new employer, an enterprise agreement is made that covers the employee and the new employer, then the copied State employment agreement will cease to cover the employee and the new employer and will never cover them again, see section 768AU.

(5) The nominal expiry date of a copied State employment agreement for a transferring employee is:

(a) the day the original State agreement would nominally have expired under the State industrial law of the State; or

(b) if that day falls after the end of 4 years beginning on the day the employee’s termination time occurs—the last day of that 4‑year period.

Once instrument ceases operation, can never operate again

(6) A copied State instrument for a transferring employee that has ceased to operate can never operate again.