Document ID: chunk:federal_register_of_legislation:C2012A00175:clause:1_768ax:p2
Version: federal_register_of_legislation:C2012A00175
Segment Type: clause
Provision Reference: sch 1 cl 768AX (pt 2/2)
Character Range: 33071–34992

State instrument is a copied State employment agreement—the nominal expiry date of the agreement;
 (d) whether the copied State instrument, without the variation, would have a negative impact on the productivity of the new employer's workplace;
 (e) whether the new employer would incur significant economic disadvantage as a result of the copied State instrument, without the variation;
 (f) the degree of business synergy between the copied State instrument, without the variation, and any workplace instrument that already covers the new employer;
 (g) the public interest.

Variation relating to the NES
 (4) If there is a dispute about the making of a variation for the purposes of paragraph (1)(d), FWA may compare the entitlements that are in dispute:
 (a) on a "line‑by‑line" basis, comparing individual terms; or
 (b) on a "like‑by‑like" basis, comparing entitlements according to particular subject areas; or
 (c) using any combination of the above approaches FWA sees fit.
 (5) The regulations may make provisions that apply to determining, for the purposes of paragraph (1)(d), whether terms of a copied State instrument for a transferring employee are, or are not, detrimental in any respect when compared to entitlements under the National Employment Standards.

When variation may be made
 (6) A variation may be made under subsection (1) in relation to a copied State instrument of a transferring employee:
 (a) before the copied State instrument comes into operation, if it is likely that the instrument will come into operation; and
 (b) before the employee is a transferring employee, if it is likely that the employee will become a transferring employee.

Restriction on when variation may come into operation
 (7) A variation under subsection (1) operates from the day specified in the variation, which may be a day before the variation is made.

Subdivision C—Termination of copied State instruments