Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 768AT

Copied State collective employment agreements

  (1)   If a copied State collective employment agreement for a transferring employee and a modern award both apply:

  (a)   to the employee; or

  (b)   to an employer (whether the new employer or another national system employer) or another person in relation to the employee;

then the copied State collective employment agreement for the employee prevails over the modern award, to the extent of any inconsistency.

Note 1:   This subsection has effect subject to item   17 of Schedule   9 to the Transitional Act as that item applies in a modified way because of section   768BY. That item, as modified, requires that the base rate of pay under the copied State employment agreement must not be less than the modern award rate.

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).

Copied State individual employment agreements

  (2)   While a copied State individual employment agreement for a transferring employee applies:

  (a)   to the employee; or

  (b)   to an employer (whether the new employer or another national system employer) or another person in relation to the employee;

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

Note 1:   However, a modern award can cover the transferring employee while the copied State individual employment agreement applies.

Note 2:   This subsection has effect subject to item   17 of Schedule   9 to the Transitional Act as that item applies in a modified way because of section   768BY. That item, as modified, requires that the base rate of pay under the copied State employment agreement must not be less than the modern award rate.

Note 3:   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).

FWC coverage orders

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