Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:15_32
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 15 cl 32
Character Range: 1084497–1085764

32  Who is bound by a notional agreement preserving State awards?

Current employees

 (1) Any person who:
 (a) immediately before the reform commencement, was bound by, or a party to, the original State award or original State law; and
 (b) is one of the following:
 (i) an employer in the business, or that part of the business;
 (ii) an employee who is employed in the business, or that part of the business, who was so employed immediately before the reform commencement, who was not bound by, or a party to, a State employment agreement at that time and whose employment was not subject to such an agreement at that time;
 (iii) an organisation that has at least one member who is such an employee, and that is entitled to represent the industrial interests of at least one such employee;
is bound by the notional agreement.

Future employees

 (2) If:
 (a) a person is employed in the business or that part of the business after the reform commencement; and
 (b) under the terms of the original State award or the original State law, as in force immediately before the reform commencement, the person would have been bound by that award or law; and
 (c) the person is not bound by a preserved State agreement;
the person is bound by the notional agreement.