Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3a_4:p2
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3A cl 4 (pt 2/2)
Character Range: 117584–118990

(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 2B State award.
Note 2: The Division 2B State award does not apply to any employers, employees or other persons that it does not cover, whether because of subitem (3) or (4) or otherwise.
(6) However, a Division 2B State award does not apply to an employee (or to an employer, or an employee organisation, in relation to the employee) at a time when the employee is a high income employee (see section 329 of the FW Act).
Note: Item 50 deals with the application of section 329 of the FW Act to Division 2B State awards.

Item has effect subject to other provisions
(7) This item has effect subject to:
 (a) the instrument interaction rules (see item 11); and
 (b) the termination of Division 2B State instruments as referred to in item 18; and
 (c) Division 2 of Part 5 of this Schedule (which deals with interaction between Division 2B State instruments and FW Act modern awards, enterprise agreements and workplace determinations); and
 (d) Schedule 11 (which deals with transfer of business).

References to laws of States
(8) References in this item to the law of a State are references to the law of the State as in force immediately before the Division 2B referral commencement.