Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:15_50
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 15 cl 50
Character Range: 1104398–1106565

50  Preserved notional terms taken to be included in awards

 (1) This clause applies to an award if:
 (a) an award is made under section 118E or is varied under section 118J, 120A or 120B; and
 (b) the award is binding on:
 (i) an employer that was bound by a notional agreement preserving State awards immediately before the making or variation of the award; or
 (ii) an employee who was bound by, or whose employment was subject to, a notional agreement preserving State awards immediately before the making or variation of the award; and
 (c) the notional agreement contained a preserved notional term.

 (2) The preserved notional term is taken to be included in the award.

 (3) The preserved notional term is taken to have the effect that:
 (a) employees belonging to the class of employees that had entitlements under the preserved notional term of the notional agreement have corresponding entitlements under the award; and
 (b) employees belonging to any class of employees that did not have entitlements under the preserved notional term of the notional agreement do not gain entitlements under the award.

 (4) The preserved notional term is taken to have the effect that:
 (a) only an employer bound by the preserved notional term of the notional agreement is bound by the corresponding preserved notional term of the award; and
 (b) other employers are not so bound.

Note: The operation of this subclause is affected by Part VIAA, which deals with transmission of business.

 (5) For the purposes of subclause (3), whether an employee belongs to a class of employees that had entitlements under a preserved notional term of a notional agreement preserving State awards is to be determined without reference to whether the employee was employed before or after the making of the award.

 (6) The Commission must not vary a preserved notional term that has been included in an award under this clause.

 (7) Section 118P applies in relation to a preserved notional term included in an award under this clause in the same way as it applies in relation to a preserved award term included in an award made under section 118E or varied under section 118J.