Document ID: chunk:federal_register_of_legislation:C2012A00175:clause:1_768al
Version: federal_register_of_legislation:C2012A00175
Segment Type: clause
Provision Reference: sch 1 cl 768AL
Character Range: 12721–14412

768AL  What is a State employment agreement?
 (1) A State employment agreement is:
 (a) an agreement in relation to which the following conditions are satisfied:
 (i) the agreement is between a non‑national system employer and one or more of the employees of the employer, or between a non‑national system employer and an association of employees registered under a State industrial law;
 (ii) the agreement determines terms and conditions of employment of one or more employees of the employer;
 (iii) the agreement was made under a State industrial law; or
 (b) a determination in relation to which the following conditions are satisfied:
 (i) the determination determines terms and conditions of employment;
 (ii) the determination was made under a State industrial law by a State industrial body;
 (iii) the determination was made in a situation in which parties who were negotiating for the making of an agreement of a kind described in paragraph (a) had not been able to reach an agreement;
 (iv) the purpose of the determination was to resolve the matters that were at issue in those negotiations.
 (2) However, the regulations may provide that an instrument of a specified kind:
 (a) is a State employment agreement; or
 (b) is not a State employment agreement.
 (3) A State employment agreement is a State collective employment agreement unless:
 (a) it is an agreement of a kind that, under the relevant State industrial law, could only be entered into by a single employee and a single employer; or
 (b) the agreement is of a kind prescribed by the regulations.
 (4) A State employment agreement referred to in paragraph (3)(a) or (b) is a State individual employment agreement.