Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3a_60
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3A cl 60
Character Range: 192251–193846

60  Proceedings relating to entitlements or obligations that arose before the Division 2B referral commencement etc.
(1) Section 26 of the FW Act does not apply to a law of a Division 2B referring State so far as the law relates to compliance with an entitlement or obligation:
 (a) that arose before the Division 2B referral commencement under a State industrial law; and
 (b) that relates to an act or omission which occurred before that commencement.
(2) Subitem (1) does not apply to entitlements or obligations relating to any of the following:
 (a) the making, variation or termination of State awards or State employment agreements;
 (b) bargaining or industrial action.
Note: Orders and injunctions of State industrial bodies relating to industrial action that are in operation immediately before the Division 2B referral commencement can continue to have effect, and be enforced, under State law after the Division 2B referral commencement: see item 61.
(3) Section 26 of the FW Act does not apply to a law of a Division 2B referring State so far as the law relates to a termination of employment that occurred before the Division 2B referral commencement.
(4) Section 26 of the FW Act does not apply to a law of a Division 2B referring State so far as the law:
 (a) relates to proceedings that commenced before the Division 2B referral commencement; and
 (b) provides for the variation or setting aside of entitlements and obligations arising under a contract of employment, or another arrangement for employment, that a court or a State industrial body of the State finds is unfair.