Document ID: chunk:federal_register_of_legislation:F2024C00355:reg:3:p3
Version: federal_register_of_legislation:F2024C00355
Segment Type: reg
Provision Reference: reg 3 (pt 3/7)
Character Range: 45062–47934

immediately before 1 January 2010;
continues to cover the employee.
 (2) The award‑based transitional instrument also covers an employee:
 (a) who is employed, on or after 1 January 2010, by an employer of an employee who is covered by the award‑based transitional instrument, as a participant in either of those programs; and
 (b) who would have been covered by the award‑based transitional instrument under subregulation (1) if the employee had been employed immediately before 1 January 2010.
 (3) For subregulations (1) and (2), the award‑based transitional instrument also covers an employer in respect of the employee.
 (4) Despite section 47 of the FW Act, a modern award that would, but for this subregulation, apply to the employee does not apply for the period during which the award‑based transitional instrument covers the employee.
 (5) Despite item 11 of Schedule 9, a transitional APCS that is derived from the Training Wage Award of the State of Queensland:
 (a) covers an employee who is covered by the award‑based transitional instrument; and
 (b) covers an employer in respect of the employee.
 (6) Despite anything in this Act or the FW Act, the National Employment Standards do not apply to:
 (a) an employee who is covered by the award‑based transitional instrument; or
 (b) an employer in respect of the employee.
 (7) This regulation ceases to apply at the end of 30 June 2012.

3.05  Transitional instruments not to cover certain employers and employees
  For subitem 8(1) of Schedule 2 to the Act, Schedule 3 to the Act is modified by inserting the following subitems after subitem 3(3).
 '(3A) However, if:
 (a) an employer (an excluded employer) has ceased to be a national system employer under subsection 14(2) of the FW Act; and
 (b) a State industrial law includes transitional arrangements that provide for a State industrial instrument to cover (however described):
 (i) excluded employers in that State; and
 (ii) employees of the excluded employers (the excluded employees); and
 (c) the State industrial instrument would not cover (however described) the excluded employer and the excluded employees because of the operation of a transitional instrument; and
 (d) when the State industrial instrument would first cover (however described) the excluded employer and the excluded employees but for the operation of the transitional instrument, the terms and conditions that would apply to the excluded employees under the State industrial instrument would be substantially similar to the terms and conditions in the transitional instrument;
the transitional instrument does not cover 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