Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:15_13
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 15 cl 13
Character Range: 1058435–1060045

13  Terms of a preserved collective State agreement

 (1) A preserved collective State agreement is taken to include the terms of the original collective agreement, as in force immediately before the reform commencement.

 (2) If, immediately before the reform commencement, a term of a State award would have determined, in whole or in part, a term or condition of employment of a person who would have been bound by, or whose employment would have been subject to, the original collective agreement, then, to that extent, that term, as in force at that time, is taken to be a term of the preserved collective State agreement.

 (3) If, immediately before the reform commencement, a provision of a State or Territory industrial law would have determined, in whole or in part, a preserved entitlement of a person who would have been bound by, or whose employment would have been subject to, the original collective agreement, then, to that extent, that provision, as in force at that time, is taken to be a term of the preserved collective State agreement.

 (4) In this clause:

preserved entitlement means:
 (a) an entitlement to:
 (i) annual leave and annual leave loadings; or
 (ii) parental leave, including maternity leave and adoption leave; or
 (iii) personal/carer's leave; or
 (iv) leave relating to bereavement; or
 (v) ceremonial leave; or
 (vi) notice of termination; or
 (vii) redundancy pay; or
 (viii) loadings for working overtime or shift work; or
 (ix) penalty rates, including the rate of payment for work on a public holiday; or
 (x) rest breaks; or
 (b) another prescribed entitlement.