38Effect of awards

38 Effect of awards

An award has effect according to its terms and, unless and to the extent that those terms expressly provide otherwise, the award extends to and binds –

(a) in the case of an award referred to in section 33 (1) –

(i) all private employees employed in positions or classifications mentioned in the award in the industry or occupation to which the award applies; and

(ii) all private employers employing those private employees; or

(b) in the case of an award referred to in section 34 –

(i) all State employees employed in positions or classifications mentioned in the award; and

(ii) all controlling authorities employing those State employees –

and operates throughout Tasmania.