Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3_2a:p1
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3 cl 2A (pt 1/2)
Character Range: 42912–45804

2A  Meaning of State reference transitional award and various other expressions associated with State references
(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.
(1A) State reference transitional awards are classified as follows:
 (a) if the employers and employees covered are Division 2A State reference employers and Division 2A State reference employees—the State reference transitional award is a Division 2A State reference transitional award;
 (b) if the employers and employees covered are Division 2B State reference employers and Division 2B State reference employees—the State reference transitional award is a Division 2B State reference transitional 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 or 30M of the FW Act.
(3A) State reference employees are classified as follows:
 (a) employees who are national system employees because of section 30C of the FW Act are Division 2A State reference employees;
 (b) employees who are national system employees because of section 30M of the FW Act are Division 2B State reference employees.
(4) A State reference employer is an employer that is a national system employer only because of section 30D or 30N of the FW Act.
(4A) State reference employers are classified as follows:
 (a) employers that are national system employers because of section 30D of the FW Act are Division 2A State reference employers;
 (b) employers that are national system employers because of section 30N of the FW Act are Division 2B State reference employers.
(5) If:
 (a) a transitional award (the current award), as in force on the WR Act repeal day, covers one or more Division 2A State reference employers, and Division 2A 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, on and after that day (subject to subitem (6)), to constitute 2 separate transitional awards as follows:
 (c) a Division 2A 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