Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_117:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 117 (pt 1/2)
Character Range: 499190–501885

117  Preservation of certain award terms

 (1) A preserved award term is a term, or more than one term, of an award that is about a matter referred to in subsection (2), and:
 (a) if the award is a pre‑reform award that has not been varied under section 118J—was in effect immediately before the reform commencement; or
 (b) in any other case—is taken to be included in the award because of the operation of section 117A.

Note: Section 116L, which provides for certain terms of awards to cease immediately after the reform commencement, does not affect the operation of preserved award terms—see subsection 116L(2).

 (2) For the purposes of subsection (1), the matters are as follows:
 (a) annual leave;
 (b) personal/carer's leave;
 (c) parental leave, including maternity and adoption leave;
 (d) long service leave;
 (e) notice of termination;
 (f) jury service;
 (g) superannuation.

 (3) If a term of an award referred to in subsection (1) is about both matters referred to in subsection (2) and other matters, it is taken to be a preserved award term only to the extent that it is about the matters referred to in subsection (2).

 (3A) If more than one term of an award is about a matter referred to in subsection (2), then those terms, taken together, constitute the preserved award term of that award about that matter.

 (4) A preserved award term about the matter referred to in paragraph (2)(g) (superannuation) ceases to have effect at the end of 30 June 2008.

 (5) A preserved award term continues to have effect for the purposes of this Act.

Note: Preserved award terms may not be varied.

 (6) In this section:

personal/carer's leave includes war service sick leave, infectious diseases sick leave and other like forms of sick leave.

 (7) The regulations may provide that for the purposes of subsection (2):
 (a) the matter referred to in paragraph (2)(c) does not include one or both of the following:
 (i) special maternity leave (within the meaning of section 94C);
 (ii) the entitlement under section 94F to transfer to a safe job or to take paid leave; and
 (b) personal/carer's leave does not include one or both of the following:
 (i) compassionate leave (within the meaning of section 93Q);
 (ii) unpaid carer's leave (within the meaning of section 93D).

Note: The effect of excluding a form of leave or an entitlement in relation to a matter is that the entitlement in relation to that form of leave or matter under the Australian Fair Pay and Conditions Standard will automatically apply.

 (8) Regulations under subsection (7) may be expressed to apply generally or in respect of employees engaged in specified types of employment, such as full‑time employment,