Document ID: chunk:federal_register_of_legislation:C2012C00794:clause:2_2a
Version: federal_register_of_legislation:C2012C00794
Segment Type: clause
Provision Reference: sch 2 cl 2A
Character Range: 38398–40260

2A  Meanings of State reference transitional award and State reference common rule

(1) A State reference transitional award is a transitional award that covers:
 (a) one or more specified State reference employers; and
 (b) specified State reference employees of those employers.

Note: A transitional award includes a transitional Victorian reference award.

(2) A State reference common rule is a common rule that covers:
 (a) specified State reference employers; and
 (b) specified State reference employees of those employers.

(3) A State reference employee is an employee who is a national system employee only because of section 30C of the FW Act.

(4) A State reference employer is an employer that is a national system employer only because of section 30D of the FW Act.

(5) If:
 (a) a transitional award (the current award) covers one or more State reference employers, and 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 to constitute 2 separate transitional awards as follows:
 (c) a 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; and
 (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.