Document ID: chunk:federal_register_of_legislation:C2009A00124:clause:3a_30a:p1
Version: federal_register_of_legislation:C2009A00124
Segment Type: clause
Provision Reference: sch 3A cl 30A (pt 1/2)
Character Range: 94284–96861

30A  FWA taken to have made a transitional pay equity order to continue the effect of State pay equity orders
(1) On the Division 2B referral commencement, FWA is taken to have made an order (the transitional pay equity order) under this item.
(2) The transitional pay equity order applies to an employer if:
 (a) a Division 2B State award that applies to the employer terminates at a time (the termination time) after the Division 2B referral commencement; and
 (b) the base rate of pay payable immediately before the termination time to some or all of the employees to whom the Division 2B State award applied was determined in whole or part by, or in accordance with, an order, decision or determination (the source pay equity order) of a State industrial body that:
 (i) was made before 15 September 2009; and
 (ii) provided for increases in rates of pay payable to a particular class of employees (whether the increases were expressed to take effect before, on or after the Division 2B referral commencement); and
 (iii) was made wholly or partly on the ground of work value, pay equity or equal remuneration (however described); and
 (c) immediately after the termination time, a modern award applies to the employer.
Note: After the Division 2B referral commencement, a source pay equity order may have effect either because of subitem 3(3) of this Schedule, or because the terms of the source pay equity order had been incorporated in the source award from which the Division 2B State award was derived.
(3) If the transitional pay equity order applies to an employer, the employer is required to pay to each affected employee of the employer a base rate of pay, in respect of a period, that is not less than the base rate of pay that the employee would have been entitled to be paid under the Division 2B State award in respect of that period, assuming that:
 (a) the Division 2B State award had not terminated; and
 (b) the base rate of pay had continued to be determined in whole or part by, or in accordance with, the source pay equity order in respect of that period.
(4) An employee of an employer to which this item applies is an affected employee of the employer if:
 (a) all of the following conditions are satisfied:
 (i) the employee was employed by the employer at the termination time;
 (ii) the Division 2B State award applied to the employee at the termination time;
 (iii) the employee's base rate of pay under the Division 2B State award was determined in whole or part by, or in accordance with, the source pay equity order at the termination time; or