Document ID: chunk:federal_register_of_legislation:F2024C00355:front:0:p9
Version: federal_register_of_legislation:F2024C00355
Segment Type: other
Provision Reference: 
Character Range: 20800–23392

the meaning of clauses 72E and 72F of Schedule 6 to the WR Act;
 (iii) a transferring employee within the meaning of clauses 5 and 6 of Schedule 9 to the WR Act;
 (2) On and after WR Act repeal day, regulation 19.15 of Chapter 2 of the WR Regulations, and any other regulations of the WR Regulations that relate to that regulation, continue to apply to records made for the transferring employee.

2.05A  Award‑based transitional instruments including notional agreement preserving State award
  For paragraph 8(3)(a) of Schedule 2 to the Act, paragraph 36(a) of Schedule 3 to the Act is modified to the extent necessary to provide that an award‑based transitional instrument that is a notional agreement preserving State awards is not to be treated as a modern award for that paragraph if it only includes a term or terms mentioned in subclause 34(2) of Schedule 8 to the WR Act.

2.05B  Permits, licences and authorisations issued under State industrial laws of Division 2B referring States
 (1) For paragraph 7(1)(c) of Schedule 2 to the Act, this regulation applies if:
 (a) a permit, licence or authority (however described) made:
 (i) by a State industrial body; and
 (ii) under a State industrial law of a Division 2B referring State (within the meaning of that Schedule);
  is in existence immediately before the Division 2B referral commencement (within the meaning of that Schedule); and
 (b) the effect of the permit, licence or authority is to allow an employee to be paid a base rate of pay that is less than:
 (i) the base rate of pay specified in a source State award or source State employment agreement, within the meaning of Schedule 2 to the Act, that applies to the employee; or
 (ii) the relevant minimum wage of the State that would otherwise apply.
 (2) On and after the Division 2B referral commencement:
 (a) the base rate of pay specified in the permit, licence or authority continues to apply in relation to the employee; and
 (b) the base rate of pay to which the employee would be entitled:
 (i) under a Division 2B State instrument; or
 (ii) under a modern award; or
 (iii) under a national minimum wage order that applies to the employee's employment; or
 (iv) under item 19 of Schedule 9 to the Act (if applicable);
  does not apply in relation to the employment; and
 (c) Schedule 9 to the Act does not apply in relation to the base rate of pay specified in the permit, licence or authority.
 (3) Subregulation (2) ceases to have effect on the earlier of:
 (a) the date on which the permit, licence or authority is expressed to expire; and
 (b) the end of the