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Industrial Relations Act 2016
sec.997Pre-modernisation awards
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### sec.997 Pre-modernisation awards
This section applies to an award other than a modern award, that, immediately before the commencement—
was in operation under the repealed Act; and
applied to an employee because of the operation of old section 824.
On the commencement, the award is revoked.
Subsection (4) applies if—
immediately before the commencement, an employee was entitled to wages or a condition of employment under the award; and
on the commencement, the wages or conditions of employment to which the employee would, but for this section, be entitled under the QES or a certified agreement are less favourable to the employee than the wages or condition of employment mentioned in paragraph (a).
On the commencement, the certified agreement that applies to the employee is taken to be varied to include provision for the wages or condition of employment mentioned in subsection (3)(a).
(sec.997-ssec.1) This section applies to an award other than a modern award, that, immediately before the commencement— was in operation under the repealed Act; and applied to an employee because of the operation of old section 824.
(sec.997-ssec.2) On the commencement, the award is revoked.
(sec.997-ssec.3) Subsection (4) applies if— immediately before the commencement, an employee was entitled to wages or a condition of employment under the award; and on the commencement, the wages or conditions of employment to which the employee would, but for this section, be entitled under the QES or a certified agreement are less favourable to the employee than the wages or condition of employment mentioned in paragraph (a).
(sec.997-ssec.4) On the commencement, the certified agreement that applies to the employee is taken to be varied to include provision for the wages or condition of employment mentioned in subsection (3)(a).
- (a) was in operation under the repealed Act; and
- (b) applied to an employee because of the operation of old section 824.
- (a) immediately before the commencement, an employee was entitled to wages or a condition of employment under the award; and
- (b) on the commencement, the wages or conditions of employment to which the employee would, but for this section, be entitled under the QES or a certified agreement are less favourable to the employee than the wages or condition of employment mentioned in paragraph (a).