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 1   Amendment of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

51   At the end of item 2A of Schedule 3

Add:

(6) If:

(a) a transitional award (the current award ), as in force on the Division 2B referral commencement, covers one or more Division 2B State reference employers, and Division 2B State reference employees of those employers; and

(b) the current award also covers:

(i) other employees of those employers; or

(ii) other employers, and employees of those other employers;

then, for the purposes of this Act, the current award is taken instead, on and after the Division 2B referral commencement, to constitute 2 separate transitional awards as follows:

(c) a Division 2B State reference transitional award covering:

(i) the employers, and the employees of those employers, referred to in paragraph (a); and

(ii) if the current award covers an organisation, in relation to certain employers or employees referred to in paragraph (a) - that organisation in relation to those employers or employees;

(d) a transitional award covering:

(i) the employers, and the employees of those employers, referred to in paragraph (b); and

(ii) if the current award covers an organisation, in relation to certain employers or employees referred to in paragraph (b) - that organisation in relation to those employers or employees.

(7) A referring State is:

(a) a State (a Division 2A referring State ) that is a referring State as defined in section 30B of the FW Act; or

(b) a State (a Division 2B referring State ) that is a referring State as defined in section 30L of the FW Act.