Document ID: chunk:federal_register_of_legislation:F2024C00355:front:0:p11
Version: federal_register_of_legislation:F2024C00355
Segment Type: other
Provision Reference: 
Character Range: 25582–28208

(a) an order compensating a reduction in take‑home pay that has already been suffered;
 (b) an order requiring the payment of an amount of take‑home pay;
 (c) an order preventing a reduction in take‑home pay from occurring.'

2.08  Avoiding likely reductions in take‑home pay
 (1) This regulation is made for subitem 8(1) of Schedule 2 to the Act.
 (2) Schedule 3A to the Act is modified by inserting the following item after item 31.

'31A  Employees or outworkers to whom a modern award will apply
If:
 (a) a modern award does not currently apply to an employee or outworker; and
 (b) the modern award will apply to the employee or outworker when a Division 2B State award terminates because of item 21;
then for this Division, the Division 2B State award is taken to have terminated and the employee or outworker is taken to be a person to whom a modern award applies.'
 (3) Schedule 3A to the Act is modified by inserting the following item after item 32.

'32A  Orders remedying likely reductions in take‑home pay
FWA may make a take‑home pay order under item 32 if an employee or outworker, or a class of employees or outworkers, to whom a modern award applies is likely to suffer a reduction in take‑home pay attributable to the termination of a Division 2B State award.'
 (4) Schedule 5 to the Act is modified by inserting the following item after item 9.

'9A  Orders remedying likely reductions in take‑home pay
FWA may make a take‑home pay order under item 9 if an employee or outworker, or a class of employees or outworkers, to whom a modern award applies is likely to suffer a modernisation‑related reduction in take‑home pay attributable to the Part 10A award modernisation process.'
 (5) Schedule 6 to the Act is modified by inserting the following item after item 11.

'11A  Employees to whom a modern enterprise award will apply
If:
 (a) a modern enterprise award does not currently apply to an employee; and
 (b) the modern enterprise award will apply to the employee when the award comes into operation;
then for this Division, the modern enterprise award is taken to have come into operation and to have started to apply to the employee.'
 (6) Schedule 6 to the Act is modified by inserting the following item after item 12.

'12A  Orders remedying likely reductions in take‑home pay
FWA may make a take‑home pay order under item 12 if an employee, or a class of employees, to whom a modern enterprise award applies is likely to suffer a modernisation‑related reduction in take‑home pay attributable to the enterprise instrument modernisation process.'
 (7) Schedule 6A to the Act is modified by inserting