Document ID: chunk:federal_register_of_legislation:F2024C00355:reg:3:p1
Version: federal_register_of_legislation:F2024C00355
Segment Type: reg
Provision Reference: reg 3 (pt 1/7)
Character Range: 40240–42838

3     1 July 2014  the total amount of the difference

3.03G  Modification of Schedule 3 to Act—relevant instrument
  For subitem 8(1) of Schedule 2 to the Act, Schedule 3 to the Act is modified by substituting the following for subitems 43(8) and (9):
 '(8) A term of a modern award, enterprise agreement or order of FWA (a relevant instrument) 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 relevant instrument 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).
 (9) However, to avoid doubt, a term of a relevant instrument continues to have effect to the extent that 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 (8)(a).'.

3.03H  Modification of Act—variation of transitional pay equity order
  For subitem 8(1) of Schedule 2 to the Act, Schedule 3 to the Act is modified by inserting the following after item 43:

'44 Variation of transitional pay equity order
 (1) On 1 December 2012, FWA is taken to vary the transitional pay equity order taken to have been made under subitem 43(1) on 27 March 2011.
 (2) The transitional pay equity order, as varied (the varied transitional pay equity order), requires the prescribed class of employers mentioned in regulation 3.03B of the Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009 to pay to each affected employee, in accordance with subitem (3), a base rate of pay that is not less than the base rate of pay that the employee would be entitled to be paid if:
 (a) the Queensland Community Services and Crisis Assistance Award—State 2008 (the source award), as in effect at 1 December 2012, applied to the employee; and
 (b) the base rate of pay payable under the source award after 1 December 2012 continued to be determined in accordance with the source pay equity order.
Note 1: The source pay equity order is the order made by the Queensland Industrial Relations Commission on 12 June 2009 in the matter of Queensland Services, Industrial Union of Employees AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others (A/2008/5).
Note 2: The base rate of pay includes any amount required to be paid under the general ruling made by the Queensland Industrial Relations Commission on 16 August 2012 in the