40FAward restructuring assistance

40F Award restructuring assistance

(1) If the Minister is satisfied that a State will incur additional expenditure in relation to government schools in relation to a program year in complying with an approved award or agreement, the Minister may, by determination in writing, authorise payment by way of financial assistance to the State towards that additional expenditure. (2) If the Minister is satisfied that the approved authority of an approved school system or the approved authority of a non‑systemic school will incur additional expenditure in relation to a program year in complying with an approved award or agreement, the Minister may, by determination in writing, authorise payment to the State for the approved authority by way of financial assistance towards that additional expenditure. (3) If:

(a) school teachers employed by the approved authority of an approved school system or of a non‑systemic school are not covered by an approved award or agreement; and

(b) the Minister is satisfied:

(i) that the approved authority will incur additional expenditure in relation to a program year as a result of restructuring the terms and conditions of employment of the school teachers; and

(ii) that as a result of the restructuring, elements of those terms and conditions are comparable to elements of the terms and conditions of school teachers under an approved award or agreement;

the Minister may, by determination in writing, authorise payment to the State for the approved authority by way of financial assistance towards that additional expenditure.