768BRCessation not intended to result in reduction in take-home pay

768BR Cessation not intended to result in reduction in take‑home pay

(1) If a copied State award for a transferring employee ceases to operate because of subsection 768AO(2), the cessation is not intended to result in a reduction in the take‑home pay of the employee.

(2) A transferring employee’s take‑home pay is the pay the employee actually receives:

(a) including wages and incentive‑based payments, and additional amounts such as allowances and overtime; but

(b) disregarding the effect of any deductions that are made as permitted by section 324.

Note: Deductions permitted by section 324 may (for example) include deductions under salary sacrificing arrangements.

(3) A transferring employee suffers a reduction in take‑home pay if, and only if:

(a) when the copied State award for the employee ceases to operate because of subsection 768AO(2), the employee becomes a person to whom a modern award applies; and

(b) the employee is employed in the same position as (or a position that is comparable to) the position he or she was employed in immediately before the cessation of the copied State award; and

(c) the amount of the employee’s take‑home pay for working particular hours or for a particular quantity of work after the cessation of the copied State award is less than what would have been the employee’s take‑home pay for those hours or that quantity of work immediately before the cessation; and

(d) that reduction in the employee’s take‑home pay is attributable to the cessation of the copied State award.