4A.01Continuing Schedule 6 instruments not to cover certain employers and employees

#### 4A.01 Continuing Schedule 6 instruments not to cover certain employers and employees For subitem 8(1) of Schedule 2 to the Act, Schedule 20 to the Act is modified by adding the following subitems at the end of item 1. ‘(4) However, if: (a) an employer (an excluded employer) has ceased to be a national system employer under subsection 14(2) of the FW Act; and (b) a State industrial law includes transitional arrangements that provide for a State industrial instrument to cover (however described): (i) excluded employers in that State; and (ii) employees of the excluded employers (the excluded employees); and (c) the State industrial instrument would not cover (however described) the excluded employer and the excluded employees because of the operation of a continuing Schedule 6 instrument; and (d) when the State industrial instrument would first cover (however described) the excluded employer and the excluded employees but for the operation of the continuing Schedule 6 instrument, the terms and conditions that would apply to the excluded employees under the State industrial instrument would be substantially similar to the terms and conditions in the continuing Schedule 6 instrument; the continuing Schedule 6 instrument does not cover the excluded employer and the excluded employees, and can never again cover them. Note 1: The terms and conditions may be varied or revoked by a State industrial order. Note 2: The transitional arrangements may provide that minimum entitlements provided for by a State industrial law are to be read into the State industrial instrument. (5) The continuing Schedule 6 instrument mentioned in subitem (4) does not cover the excluded employer and excluded employees on and after the later of: (a) the day on which the endorsement of a declaration that the employer is not to be a national system employer commences; and (b) the day on which the transitional arrangements provide for the State industrial instrument to start to cover (however described) the excluded employer and the excluded employees.’