Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 768AS

             (1)  While a copied State award for a transferring employee:

                     (a)  covers the employee, or an employer (whether the new employer or another national system employer) or other person in relation to the employee; and

                     (b)  is in operation;

a modern award does not cover the employee, or the employer or other person in relation to the employee.

Note 1:       When the copied State award for a transferring employee ceases to cover the employee, a modern award will start to cover the employee, or an employer or other person in relation to the employee.

Note 2:       This subsection may operate in relation to an employer that is not the new employer in the situation where there has been a later transfer of business by the new employer (see Part 2-8).

             (2)  Subsection (1) does not apply for the purposes of section 193 (which is about the better off overall test for enterprise agreements).

Note:          For the purposes of determining whether an enterprise agreement that covers a transferring employee passes the better off overall test, subsection (2) allows the enterprise agreement to be compared against a modern award that covers the employee.

             (3)  This section has effect subject to any FWC order about coverage under subsection 768BA(1).