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FAIR WORK ACT 2009 - SECT 768BR

Cessation not intended to result in reduction in take - home pay

  (1)   If a copied State award for a transferring employee ceases to operate because of subsection   768AO(2), the cessation is not intended to result in a reduction in the take - home pay of the employee.

  (2)   A transferring employee's take - home pay is the pay the employee actually receives:

  (a)   including wages and incentive - based payments, and additional amounts such as allowances and overtime; but

  (b)   disregarding the effect of any deductions that are made as permitted by section   324.

Note:   Deductions permitted by section   324 may (for example) include deductions under salary sacrificing arrangements.

  (3)   A transferring employee suffers a reduction in take - home pay if, and only if:

  (a)   when the copied State award for the employee ceases to operate because of subsection   768AO(2), the employee becomes a person to whom a modern award applies; and

  (b)   the employee is employed in the same position as (or a position that is comparable to) the position he or she was employed in immediately before the cessation of the copied State award; and

  (c)   the amount of the employee's take - home pay for working particular hours or for a particular quantity of work after the cessation of the copied State award is less than what would have been the employee's take - home pay for those hours or that quantity of work immediately before the cessation; and

  (d)   that reduction in the employee's take - home pay is attributable to the cessation of the copied State award.


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