3CA.01State reference public sector transitional awards

#### 3CA.01 State reference public sector transitional awards (1) This regulation is made for subitem 8(1) of Schedule 2 to the Act. (2) Schedule 6A to the Act is modified by inserting the following item after item 5. ‘5A Varying State reference public sector transitional awards on application (1) An employer or organisation that is covered by a State reference public sector transitional award (the current award) may apply to FWA to vary the coverage of the current award. (2) The application may be made only until the end of 31 December 2013. (3) FWA must not vary the coverage of the current award unless FWA is satisfied that, if the current award were to be varied, the employees who would cease to be covered by the current award would become covered by a modern award (other than the miscellaneous modern award) that, at the time of the variation, would be in operation and would be appropriate for them. (4) In deciding whether to vary the coverage of the current award, FWA must take into account the following: (a) the likely impact of a decision to make, or not to make, the variation on the persons who, if the current award were to be varied, would cease to be covered by the current award; (b) the views of the persons who would, if the variation were made, cease to be covered by the current award; (c) any other matter prescribed by the regulations. (5) If FWA varies the coverage of the current award, the variation operates from the day specified in the decision to vary the current award.’