Sch 1 s 102Application of amendments

102 Application of amendments

Application of definition of casual employee

(1) Section 15A of the amended Act applies on and after commencement in relation to employment relationships entered into before, on or after commencement.

(2) Despite subclause (1), for the purposes of applying section 15A of the amended Act on and after commencement in relation to employment relationships entered into before commencement:

(a) conduct of an employer and employee that occurred before commencement is to be disregarded for the purposes of applying subsections 15A(2) and (3) in relation to that employee; and

(b) if an employee’s contract of employment immediately before commencement included a term of a kind referred to in subsection 15A(4)—that subsection is taken not to apply in relation to the employee for the remainder of the term of that contract.

Continuing casual employees

(3) For the purposes of subclause (1), an employee who was, immediately before commencement, a casual employee of an employer within the meaning of section 15A as in force at that time, is taken to be a casual employee of the employer within the meaning of section 15A of the amended Act on and after commencement.

Application of employee choice and casual conversion provisions

(5) The amendments of Division 4A of Part 2‑2 made by the amending Act apply on and after commencement in relation to employment relationships entered into before, on or after commencement.

(6) For the purposes of applying subclause (5) in relation to employment relationships entered into before commencement:

(a) any period of employment as a casual employee that occurred before commencement is to be disregarded for the purposes of paragraphs 66AAB(c) and (d) of the amended Act; and

(b) paragraph 66AAB(d) of the amended Act is taken to include a requirement that in the period referred to in that paragraph the employee has not:

(ia) been given a notice before commencement under subsection 66C(3) that the employer is not required to make an offer to the employee under section 66B; or

(ib) been given a notice after commencement under subsection 66C(3) that the employer is not required to make an offer to the employee under section 66B (as those sections continue to apply because of subclauses (6AA) and (6AB)); or

(ic) declined before commencement, under section 66D, an offer made by the employer under section 66B; or

(id) declined after commencement, under section 66D, an offer made by the employer under section 66B (as those sections continue to apply because of subclauses (6AA) and (6AB)); or

(i) been given a response before commencement by the employer under section 66G refusing a request made by the employee under section 66F; or