Document ID: chunk:federal_register_of_legislation:F2024C00355:reg:3:p4
Version: federal_register_of_legislation:F2024C00355
Segment Type: reg
Provision Reference: reg 3 (pt 4/7)
Character Range: 47681–50344

the excluded employer and the excluded employees, and can never again cover them.
Note 1: The terms and conditions may be varied or revoked by a State industrial order.
Note 2: The transitional arrangements may provide that minimum entitlements provided for by a State industrial law are to be read into the State industrial instrument.
(3B) The transitional instrument mentioned in subitem (3A) does not cover the excluded employer and excluded employees on and after the later of:
 (a) the day on which the endorsement of a declaration that the employer is not to be a national system employer commences; and
 (b) the day on which the transitional arrangements provide for the State industrial instrument to start to cover (however described) the excluded employer and the excluded employees.'

Part 3A—Transitional provisions for Schedule 3A to Act (treatment of State awards and State employment agreements of Division 2B referring States)

3A.01A  Modification of Act—relevant instrument
  For subitem 8(1) of Schedule 2 to the Act, Schedule 3A to the Act is modified by substituting the following for subitems 30A(6) and (7):
 '(6) 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 mentioned in paragraph (a).
 (7) 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 mentioned in paragraph (6)(a).'.

3A.01B  Modification of Act—variation of transitional pay equity order
  For subitem 8(1) of Schedule 2 to the Act, Schedule 3A to the Act is modified by inserting the following after item 30A:

'30B Variation of transitional pay equity order
 (1) This item applies to the transitional pay equity order taken to have been made under item 30A to the extent that the order relates to the Division 2B State award derived from the source award known as the Queensland Community Services and Crisis Assistance Award—State 2008.
 (2) On 1 December 2012, FWA is taken to vary the transitional pay equity order in relation to each affected employee of the employer.
 (3) The transitional pay equity order, as varied (the varied transitional pay equity order), requires the employer to pay to each affected