Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3a_31
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3A cl 31
Character Range: 162179–164631

31  Termination of Division 2B State awards is not intended to result in reduction in take‑home pay
(1) The termination of a Division 2B State award by item 21 is not intended to result in a reduction in the take‑home pay of employees or outworkers.
(2) An employee's or outworker's take‑home pay is the pay an employee or outworker actually receives:
 (a) including wages and incentive‑based payments, and additional amounts such as allowances and overtime; but
 (b) disregarding the effect of any deductions that are made as permitted by section 324 of the FW Act.
Note: Deductions permitted by section 324 of the FW Act may (for example) include deductions under salary sacrificing arrangements.
(3) An employee suffers a reduction in take‑home pay to which this item applies if, and only if:
 (a) when a Division 2B State award terminates because of item 21, the employee becomes a person to whom a modern award applies; and
 (b) the employee is employed in the same position as (or a position that is comparable to) the position he or she was employed in immediately before the termination of the Division 2B State award; and
 (c) the amount of the employee's take‑home pay for working particular hours or for a particular quantity of work after the termination of the Division 2B State award is less than what would have been the employee's take‑home pay for those hours or that quantity of work immediately before the termination; and
 (d) that reduction in the employee's take‑home pay is attributable to the termination of the Division 2B State award.
(4) An outworker who is not an employee suffers a reduction in take‑home pay to which this item applies if, and only if:
 (a) when a Division 2B State award terminates because of item 21, the outworker becomes a person to whom outworker terms in a modern award relate; and
 (b) the outworker is performing the same work as (or work that is similar to) the work he or she was performing immediately before the termination of the Division 2B State award; and
 (c) the amount of the outworker's take‑home pay for working particular hours or for a particular quantity of work after the termination of the Division 2B State award is less than what would have been the outworker's take‑home pay for those hours or that quantity of work immediately before the termination; and
 (d) that reduction in the outworker's take‑home pay is attributable to the termination of the Division 2B State award.