Document ID: chunk:federal_register_of_legislation:C2009A00124:clause:3a_30a:p2
Version: federal_register_of_legislation:C2009A00124
Segment Type: clause
Provision Reference: sch 3A cl 30A (pt 2/2)
Character Range: 96636–98184

the employee at the termination time;
 (iii) the employee's base rate of pay under the Division 2B State award was determined in whole or part by, or in accordance with, the source pay equity order at the termination time; or
 (b) all of the following conditions are satisfied:
 (i) the employee becomes employed by the employer after the termination time;
 (ii) a Division 2B State award would have applied to the employee if he or she had been employed by the employer immediately before the termination time;
 (iii) the employee's base rate of pay under the Division 2B State award would have been determined in whole or part by, or in accordance with, the source pay equity order at the termination time.
(5) The transitional pay equity order takes effect in relation to the employer immediately after the modern award begins to apply to the employer.
(6) A term of a modern award is of no effect to the extent that:
 (a) an employee is entitled to be paid by an employer a base rate of pay under the transitional pay equity order in respect of a particular period; and
 (b) the term of the modern award requires the employer to pay a base rate of pay, in respect of that period, that is less than the base rate of pay referred to in paragraph (a).
(7) However, to avoid doubt, a term of a modern award continues to have effect so far as it requires an employer to pay a base rate of pay, in respect of a period, that is equal to or more than the base rate of pay referred to in paragraph (6)(a).
Division 2—Avoiding reductions in take‑home pay