Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3a_5:p1
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3A cl 5 (pt 1/2)
Character Range: 118992–121917

5  Division 2B State employment agreements

State employment agreements that were in operation immediately before the Division 2B referral commencement
(1) If, immediately before the Division 2B referral commencement:
 (a) a State employment agreement (the source agreement) was in operation under a State industrial law of a Division 2B referring State (the source State); and
 (b) the source agreement covered (however described in the source agreement or a relevant law of the source State) employers and employees who become Division 2B State referral employers and Division 2B State referral employees on the Division 2B referral commencement (whether or not the source agreement also covered other persons);
a Division 2B State employment agreement is taken to come into operation immediately after the Division 2B referral commencement.
Note 1: A Division 2B State employment agreement is a notional federal instrument derived from the source agreement.
Note 2: In addition to provisions of this Schedule, the following other provisions affect the existence of Division 2B State employment agreements:
(a) Division 2 of Part 2 of Schedule 6 (which deals with the enterprise instrument modernisation process);
(b) Schedule 11 (which deals with transfer of business).
Note 3: For the meanings of Division 2B referral commencement, Division 2B referring State, Division 2B State reference employee and Division 2B State reference employer, see items 2 and 2A of Schedule 3.
(2) Subject to this Schedule, the Division 2B State employment agreement is taken to include the same terms as were in the source agreement immediately before the Division 2B referral commencement.

State employment agreements that come into operation on or after the Division 2B referral commencement
(3) If, on or after the Division 2B referral commencement:
 (a) a State employment agreement (the source agreement) comes into operation under a State industrial law of a Division 2B referring State (the source State); and
 (b) the source agreement covers (however described in the source agreement or a relevant law of the source State) employers and employees who are Division 2B State referral employers and Division 2B State referral employees when the source agreement comes into operation (whether or not the source agreement also covers other persons);
a Division 2B State employment agreement is taken to come into operation immediately after the source agreement comes into operation.
Note 1: A Division 2B State employment agreement is a notional federal instrument derived from the source agreement.
Note 2: There is limited scope for State employment agreements that cover Division 2B State referral employers and employees to come into operation on or after the Division 2B referral commencement: see Part 6 of this Schedule.
Note 3: In addition to provisions of this Schedule, the following other provisions affect the existence of