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FAIR WORK ACT 2009 - SECT 768AL

What is a State employment agreement?

             (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 .



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