South Australian Numbered Acts

CONSTRUCTION INDUSTRY LONG SERVICE LEAVE (MISCELLANEOUS) AMENDMENT ACT 2012 (NO 48 OF 2012) - SECT 9

9—Insertion of Schedule 5

After Schedule 4 insert:

Schedule 5—Coverage of awards

1—Coverage of awards

Section 5 operates subject to the qualification that to the extent that the application of this Act to a person's employment depends on whether or not an award applies in relation to the person then—

            (a)         this Act will apply to the person if, after taking into account (and applying) the provisions of any award that applied under this Act on 31 December 2009, the person's employment would be subject to the application of this Act; and

            (b)         this Act will not apply to the person if, after taking into account (and applying) the provisions of any award that applied under this Act on 31 December 2009, the person's employment would not be subject to the application of this Act.

2—Related principles

Clause 1—

            (a)         does not limit any requirement under this Act for an agreement to be in place or for any other step to be taken; and

            (b)         operates on the basis that to the extent of any inconsistency between an award referred to in Schedule 1 or 1A and an award that operates under clause 1(a) or (b), the award that operates under clause 1(a) or (b) prevails to the extent of the inconsistency (even though the award has been superseded by an award under Schedule 1 or 1A).