Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3a_6:p1
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3A cl 6 (pt 1/2)
Character Range: 122816–125558

6  The employees, employers etc. who are covered by a Division 2B State employment agreement and to whom it applies

Meaning of covers
(1) A Division 2B State employment agreement covers the same employees, employers and any other persons that the source agreement covered (however described in the agreement or a relevant law of the source State) immediately before the Division 2B State employment agreement came into operation.
Note: The expression covers is used to indicate the range of employees, employers etc. to whom the Division 2B State employment agreement potentially applies (see subitem (4)). The employees, employers etc. who are within this range will depend on the terms of the agreement, and on any relevant provisions of the law of the source State.
(2) The Division 2B State employment agreement also covers any employees who become employed by an employer on or after the time when the agreement came into operation, and who would have been covered by the source agreement if they had become so employed immediately before that time.
(3) However, the Division 2B State employment agreement does not cover:
 (a) any employees or employers that are not Division 2B State reference employees or Division 2B State reference employers; or
 (b) any employees or employers that are covered by an award‑based transitional instrument.

Meaning of applies
(4) A Division 2B State employment agreement applies to the same employees, employers and any other persons that the Division 2B State employment agreement covers as would have been required by the law of the source State to comply with terms of the source agreement, or entitled under the law of the source State to enforce terms of the source agreement, if:
 (a) the source State had not been a referring State; and
 (b) the law of the source State had continued to apply.
Note 1: The expression applies is used to indicate the range of employees, employers etc. who are required to comply with, or can enforce, the terms of the Division 2B State employment agreement.
Note 2: The Division 2B State employment agreement does not apply to any employers, employees or other persons that it does not cover, whether because of subitem (3) or otherwise.

Item has effect subject to other provisions
(5) This item has effect subject to:
 (a) the instrument interaction rules (see item 11); and
 (b) the termination of Division 2B State instruments as referred to in item 18; and
 (c) Division 2 of Part 5 of this Schedule (which deals with interaction between Division 2B State instruments and FW Act modern awards, enterprise agreements and workplace determinations); and
 (d) Schedule 11 (which deals with transfer of business).

References to laws of States
(6) References in