Fair Work Amendment (State Referrals and Other Measures) Act 2009 (124 of 2009)

Schedule 2   Transitional matters related to State referrals under Division 2B of Part 1-3 of the Fair Work Act 2009

Part 2   Amendment of other Acts

Fair Work Act 2009

128   After subsection 113(3)

Insert:

(3A) For the purpose of subparagraph (3)(a)(i), the test time is:

(a) immediately before the commencement of this Part; or

(b) if the employee is a Division 2B State reference employee (as defined in Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009) - immediately before the Division 2B referral commencement (as defined in that Schedule).