Document ID: chunk:federal_register_of_legislation:C2009A00124:clause:3a_30
Version: federal_register_of_legislation:C2009A00124
Segment Type: clause
Provision Reference: sch 3A cl 30
Character Range: 92331–94284

30  FWA to consider making orders to continue effect of long service leave terms of Division 2B State awards
(1) During the period of 12 months starting on the Division 2B referral commencement, FWA:
 (a) must consider whether any orders should be made in relation to which the following conditions are satisfied:
 (i) the purpose of making the order is to continue (in whole or in part) the effect of terms relating to long service leave that are contained in a Division 2B State award, other than a Division 2B enterprise award;
 (ii) the order only relates to employees, employers or other persons covered by the Division 2B State award; and
 (b) may make one or more such orders.
(2) An order under subitem (1):
 (a) takes effect at the end of 12 months after the Division 2B referral commencement; and
 (b) ceases to have effect:
 (i) at the end of 5 years after the Division 2B referral commencement; or
 (ii) if the order is expressed to cease to have effect at an earlier time—at that earlier time.
(3) Paragraph 675(1)(a) of the FW Act has effect as if it also included a reference to an order under subitem (1).
(4) To the extent that a term of a Division 2B State award, or of an enterprise agreement, is detrimental to an employee, in any respect, when compared to an order under subitem (1), the term of the award or agreement is of no effect.
Note: A term of a Division 2B State award, or of an enterprise agreement, that provides an entitlement that is at least as beneficial to an employee as a corresponding entitlement of the employee under the order will continue to have effect.
(5) The regulations may make provisions that apply to determining, for the purpose of this item, whether terms of a Division 2B State award or an enterprise agreement are, or are not, detrimental in any respect when compared to an order under subitem (1).
Division 1A—Transitional pay equity order taken to have been made by FWA—Division 2B State awards