Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3a_4:p1
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3A cl 4 (pt 1/2)
Character Range: 115143–117804

4  The employees, employers etc. who are covered by a Division 2B State award and to whom it applies

Meaning of covers
(1) A Division 2B State award covers the same employees, employers, outworker entities and any other persons that the source award covered (however described in the award or a relevant law of the source State) immediately before the Division 2B referral commencement.
Note: The expression covers is used to indicate the range of employees, employers etc. to whom the Division 2B State award potentially applies (see subitem (5)). The employees, employers etc. who are within this range will depend on the terms of the award, and on any relevant provisions of the law of the source State.
(2) The Division 2B State award also covers any employees who become employed by an employer on or after the Division 2B referral commencement, and who would have been covered by the source award if they had become so employed immediately before that commencement.
(3) However, the Division 2B State award does not cover:
 (a) any employees, employers or outworker entities that are not Division 2B State reference employees, Division 2B State reference employers or Division 2B State reference outworker entities; or
 (b) any employees, employers or outworker entities that are covered by an award‑based transitional instrument.
A Division 2B State reference outworker entity is an entity that is an outworker entity only because of section 30Q of the FW Act.
(4) If:
 (a) after the Division 2B referral commencement, a person (the employer) starts to employ employees to do work of a kind that was regulated by the source award immediately before that commencement; and
 (b) the employer did not employ employees to do that kind of work immediately before that commencement;
then the Division 2B State award also does not cover any of the following, in relation to that kind of work:
 (c) the employer;
 (d) employees of the employer;
 (e) any other persons, in relation to the employer or employees of the employer.

Meaning of applies
(5) A Division 2B State award applies to the same employees, employers, outworker entities and any other persons that the Division 2B State award covers as would have been required by the law of the source State to comply with terms of the source award, or entitled under the law of the source State to enforce terms of the source award, if:
 (a) the State had not been a referring State; and
 (b) the law of the source State had continued to apply.
Note 1: The expression applies is used to indicate the range of employees, employers etc. who are required to comply with, or can enforce, the terms of the Division