Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:6a_2
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 6A cl 2
Character Range: 263704–266034

2  State reference public sector transitional awards
(1) A State reference public sector transitional award is a State reference transitional award or common rule in relation to which the following conditions are satisfied:
 (a) the only employers that are expressed to be covered by the award or common rule are one or more specified State reference public sector employers;
 (b) the only employees who are expressed to be covered by the award or common rule are specified State reference public sector employees of those employers.
Note: State reference transitional awards and common rules are continued in existence as transitional instruments by Schedule 3.
(2) A State reference public sector employee is a State reference employee who is a State public sector employee as defined in section 30A or 30K of the FW Act.
(3) A State reference public sector employer is a State reference employer that is a State public sector employer as defined in section 30A or 30K of the FW Act.
(4) If:
 (a) a State reference transitional award or common rule (the current award) covers one or more State reference public sector employers, and State reference public sector 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 to constitute 2 separate State reference transitional awards or common rules as follows:
 (c) a State reference public sector 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; and
 (d) a State reference transitional award or a State reference common rule (as the case requires) 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.

Division 2—The State reference public sector transitional award modernisation process