Document ID: chunk:federal_register_of_legislation:F2024C00355:reg:18g:p4
Version: federal_register_of_legislation:F2024C00355
Segment Type: reg
Provision Reference: reg 18G (pt 4/6)
Character Range: 87530–90315

'(1A) However, if the person mentioned in subitem (1) is an employer prescribed in regulations made for paragraph 43(2)(b) of Schedule 3, item 48A of the table in subitem 16(1) of this Schedule only applies to the person on and after 1 March 2012.'.

Part 4A—Transitional provisions for Schedule 20 to Act (WR Act transitional awards etc)

4A.01  Continuing Schedule 6 instruments not to cover certain employers and employees
  For subitem 8(1) of Schedule 2 to the Act, Schedule 20 to the Act is modified by adding the following subitems at the end of item 1.
'(4) However, if:
 (a) an employer (an excluded employer) has ceased to be a national system employer under subsection 14(2) of the FW Act; and
 (b) a State industrial law includes transitional arrangements that provide for a State industrial instrument to cover (however described):
 (i) excluded employers in that State; and
 (ii) employees of the excluded employers (the excluded employees); and
 (c) the State industrial instrument would not cover (however described) the excluded employer and the excluded employees because of the operation of a continuing Schedule 6 instrument; and
 (d) when the State industrial instrument would first cover (however described) the excluded employer and the excluded employees but for the operation of the continuing Schedule 6 instrument, the terms and conditions that would apply to the excluded employees under the State industrial instrument would be substantially similar to the terms and conditions in the continuing Schedule 6 instrument;
the continuing Schedule 6 instrument does not cover the excluded employer and the excluded employees, and can never again cover them.
Note 1: The terms and conditions may be varied or revoked by a State industrial order.
Note 2: The transitional arrangements may provide that minimum entitlements provided for by a State industrial law are to be read into the State industrial instrument.
(5) The continuing Schedule 6 instrument mentioned in subitem (4) does not cover the excluded employer and excluded employees on and after the later of:
 (a) the day on which the endorsement of a declaration that the employer is not to be a national system employer commences; and
 (b) the day on which the transitional arrangements provide for the State industrial instrument to start to cover (however described) the excluded employer and the excluded employees.'

Part 5—Miscellaneous and transitional civil remedy provisions

5.01  Regulation 1.1 of Chapter 2 of WR Regulations does not apply to Schedule 5 to the Act
  For paragraph 5(2)(b) of Schedule 2 to the Act, regulation 1.1 of Chapter 2 of the WR Regulations does not apply to Part 10A of the WR Act as continued by Schedule 5 to the Act.

5.02  General Manager of FWA must prepare