Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:15_5
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 15 cl 5
Character Range: 1052411–1054399

5  Terms of a preserved individual State agreement

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

 (2) If, immediately before the reform commencement, a term of another State employment agreement determined, in whole or in part, a term or condition of employment of the employee who was bound by, or whose employment was subject to, the original individual agreement, then, to that extent, that term of the other State employment agreement, as in force at that time, is taken to be a term of the preserved individual State agreement.

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

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

 (5) 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.