Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:15_34
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 15 cl 34
Character Range: 1086682–1088221

34  Terms of a notional agreement preserving State awards

 (1) If, immediately before the reform commencement, a term of the original State award would have determined, in whole or in part, a term or condition of employment in the business or that part of the business of a person who was not bound by or a party to a State employment agreement, or whose employment was not subject to such an agreement, then to that extent, that term, as in force at that time, is taken to be a term of the notional agreement.

 (2) If, immediately before the reform commencement, a provision of a State or Territory industrial law would have determined, in whole or in part, a preserved entitlement of a person employed in the business or that part of the business who was not bound by or a party to a State employment agreement, or whose employment was not subject to such an agreement, then to that extent, that provision, as in force at that time, is taken to be a term of the notional agreement.

 (3) In this clause:

preserved entitlement means:
 (a) an entitlement to:
 (i) annual leave and annual leave loadings; or
 (ii) parental leave, including maternity leave and adoption leave; or
 (iii) personal/carer's leave; or
 (iv) leave relating to bereavement; or
 (v) ceremonial leave; or
 (vi) notice of termination; or
 (vii) redundancy pay; or
 (viii) loadings for working overtime or shift work; or
 (ix) penalty rates, including the rate of payment for work on a public holiday; or
 (x) rest breaks; or
 (b) another prescribed entitlement.