768BY Modification of the Transitional Act for copied State instruments
(1) Each relevant transitional provision (see subsection (2)) has effect in relation to a transferring employee as if a reference to a term referred to in column 1 were a reference to the term referred to in column 2. The provision has effect from the time specified in column 3 of the table in subsection (2).
Modification of the Transitional Act and regulations for copied State instruments
Item Column 1Current term Column 2New term
1 Division 2B State instrument copied State instrument for the transferring employee
2 Division 2B State award copied State award for the transferring employee
3 Division 2B State award applying (within the meaning of the Transitional Act) to a person copied State award for the transferring employee applying (within the meaning of this Act) to a person
4 Division 2B State award covering (within the meaning of the Transitional Act) a person copied State award for the transferring employee covering (within the meaning of this Act) a person
5 Division 2B State employment agreement copied State employment agreement for the transferring employee
6 collective Division 2B State employment agreement copied State collective employment agreement for the transferring employee
7 individual Division 2B State employment agreement copied State individual employment agreement for the transferring employee
8 Division 2B State employment agreement applying (within the meaning of the Transitional Act) to a person copied State employment agreement for the transferring employee applying (within the meaning of this Act) to a person
9 Division 2B State employment agreement covering (within the meaning of the Transitional Act) a person copied State employment agreement for the transferring employee covering (within the meaning of this Act) a person
10 nominal expiry date of a Division 2B State employment agreement nominal expiry date of a copied State employment agreement for the transferring employee
11 Division 2B referral commencement transferring employee’s termination time
12 Division 2B State reference employee transferring employee
13 Division 2B referring State the State of the old State employer
14 source State the State of the old State employer
(2) For the purposes of subsection (1), the relevant transitional provisions are:
(a) the provisions of the Transitional Act that are listed in column 1; and
(b) the regulations made for the purposes of those provisions.
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Modification of the Transitional Act and regulations for copied State instruments
Item Column 1Relevant transitional provision Column 2Which is about Column 3Relevant time
1 item 10 of Schedule 3A instrument content rules the transferring employee’s termination time
2 item 11 of Schedule 3A instrument interaction rules the transferring employee’s termination time
3 item 13 (other than note 1 and note 2) of Schedule 3A references to State industrial bodies the transferring employee’s termination time
4 item 17 of Schedule 3A no loss of accrued rights etc. when instrument terminates the transferring employee’s re‑employment time
5 item 20 of Schedule 3A variation of discriminatory instruments the transferring employee’s termination time
6 item 22 of Schedule 3A collective agreements–termination by agreement the transferring employee’s re‑employment time
7 item 23 of Schedule 3A collective agreements–termination by the FWC the transferring employee’s re‑employment time
8 item 24 of Schedule 3A individual agreements–termination by agreement the transferring employee’s re‑employment time
9 item 25 of Schedule 3A individual agreements–termination conditional on enterprise agreement the transferring employee’s re‑employment time
10 item 26 of Schedule 3A individual agreements–unilateral termination by the FWC the transferring employee’s re‑employment time
11 item 47 of Schedule 3A employee not award/agreement free the transferring employee’s re‑employment time
12 item 48 of Schedule 3A calculating an employee’s ordinary hours of work the transferring employee’s re‑employment time
13 items 19, 20 and 21 of Schedule 4 interaction with the NES the transferring employee’s re‑employment time
14 Part 5 of Schedule 9 base rates of pay the transferring employee’s re‑employment time
15 Division 4 of Part 3 of Schedule 11 transfer of business the transferring employee’s re‑employment time
16 item 4 of Schedule 12 general protections the transferring employee’s termination time
17 items 2, 3, 4 and 17 of Schedule 13 industrial action the transferring employee’s re‑employment time
18 item 4B of Schedule 16 (as that item relates to subitems 25(6) and (7) of Schedule 3A) and item 16 of Schedule 16 (as that item relates to item 4B of Schedule 16) compliance relating to conditional terminations of individual employment agreements the transferring employee’s re‑employment time
19 items 12 and 13 of Schedule 16 and item 16 of Schedule 16 (as that item relates to those items) compliance relating to non‑disclosure obligations the transferring employee’s re‑employment time