Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 768AL

  (1)   A State employment agreement is:

  (a)   an agreement in relation to which the following conditions are satisfied:

  (i)   the agreement is between a non - national system employer and one or more of the employees of the employer, or between a non - national system employer and an association of employees registered under a State industrial law;

  (ii)   the agreement determines terms and conditions of employment of one or more employees of the employer;

  (iii)   the agreement was made under a State industrial law; or

  (b)   a determination in relation to which the following conditions are satisfied:

  (i)   the determination determines terms and conditions of employment;

  (ii)   the determination was made under a State industrial law by a State industrial body;

  (iii)   the determination was made in a situation in which parties who were negotiating for the making of an agreement of a kind described in paragraph   (a) had not been able to reach an agreement;

  (iv)   the purpose of the determination was to resolve the matters that were at issue in those negotiations.

  (2)   However, the regulations may provide that an instrument of a specified kind:

  (a)   is a State employment agreement ; or

  (b)   is not a State employment agreement .

  (3)   A State employment agreement is a State collective employment agreement unless:

  (a)   it is an agreement of a kind that, under the relevant State industrial law, could only be entered into by a single employee and a single employer; or

  (b)   the agreement is of a kind prescribed by the regulations.

  (4)   A State employment agreement referred to in paragraph   (3)(a) or (b) is a State individual employment agreement .