Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 1006

1006 Conditions of employment for continuing employees

(1) On the commencement, the Queensland Employment Standards under this Act start applying to the continuing employee.

(2) Also, if the employee is a continuing ch 2 employee and, immediately before the commencement, a modern award made under the repealed Act covered the employee but did not apply to the employee under old section 824—

(a) on the commencement, the modern award starts applying to the employee; and

(b) the pre-modernisation certified agreement or arbitration determination that applied to the employee immediately before the commencement, as it continues in force under section 998, continues to apply to the employee from the commencement.

(3) However, if a pre-modernisation certified agreement or arbitration determination mentioned in subsection (2)(b) includes a provision that is inconsistent with the Queensland Employment Standards, the provision is of no effect.

(4) Subsection (3) does not apply to a provision that is at least as favourable to the continuing employee than the Queensland Employment Standards.