Document ID: chunk:federal_register_of_legislation:C2009A00124:clause:3a_16
Version: federal_register_of_legislation:C2009A00124
Segment Type: clause
Provision Reference: sch 3A cl 16
Character Range: 156570–158238

16  Modification—application of FW Act in relation to Division 2B State instruments
(1) Subsection 312(1) of the FW Act applies in relation to the transfer of business as if the following paragraph were added at the end:
 ; (d) a Division 2B State instrument.
(2) Except as provided in subitems (3) to (5), Part 2‑8 of the FW Act applies in relation to the transfer of business as if:
 (a) a reference to an enterprise agreement included a reference to a Division 2B State employment agreement; and
 (b) a reference to a modern award included a reference to a Division 2B State award.
(3) Paragraph (2)(a) does not apply in relation to the reference to an enterprise agreement in paragraph 312(1)(a) or 319(1)(c) of the FW Act.
(4) Paragraph (2)(b) does not apply in relation to the reference to a modern award in subsection 312(2) or paragraph 319(1)(c) of the FW Act.
(5) The following provisions of Part 2‑8 of the FW Act apply in relation to the transfer of business as if a reference to an enterprise agreement included a reference to a collective Division 2B State employment agreement:
 (a) subsection 315(3);
 (b) paragraphs 318(1)(b) and (2)(c);
 (c) paragraph 319(2)(c).
(6) Paragraph 319(1)(b) of the FW Act applies in relation to the transfer of business as if the words "(other than an individual Division 2B State employment agreement)" were inserted after the words "a transferable instrument".
(7) If a transferable instrument that is a Division 2B State award starts to cover the new employer in relation to the transfer of business as mentioned in paragraph 313(1)(a) of the FW Act, FWA cannot make an order under paragraph 319(1)(c) of the FW Act.