Document ID: chunk:federal_register_of_legislation:C2025C00150:section:768am
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 768AM
Character Range: 1905777–1908085

768AM  When does a copied State instrument apply to a person?

Transferring employee and organisations
 (1) A copied State instrument for a transferring employee applies to the transferring employee or an organisation if:
 (a) the instrument covers the employee or organisation; and
 (b) the instrument is in operation; and
 (c) no other provision of this Act provides, or has the effect, that the instrument does not apply to the employee or organisation; and
 (d) immediately before the employee's termination time, the employee or organisation would have been:
 (i) required by the law of the State to comply with terms of the original State award or original State agreement for the instrument; or
 (ii) entitled under the law of the State to enforce terms of the original State award or original State agreement for the instrument.

New employer and other employers
 (2) A copied State instrument for a transferring employee applies to an employer (whether the new employer or another employer) if:
 (a) the instrument covers the employer; and
 (b) the instrument is in operation; and
 (c) no other provision of this Act provides, or has the effect, that the instrument does not apply to the employer; and
 (d) immediately before the employee's termination time, the old State employer would have been:
 (i) required by the law of the State to comply with terms of the original State award or original State agreement for the instrument; or
 (ii) entitled under the law of the State to enforce terms of the original State award or original State agreement for the instrument.
Note: This subsection may operate in relation to an employer that is not the new employer in the situation where there has been a later transfer of business by the new employer (see Part 2‑8).

Other circumstances when instrument applies
 (3) A copied State instrument for a transferring employee also applies to a person if an FWC order made under a provision of this Act provides, or has the effect, that the instrument applies to the person.

Instrument only applies in relation to transferring work
 (4) A reference in this Act to a copied State instrument for a transferring employee applying to the employee is a reference to the instrument applying to the employee in relation to the transferring work of the employee.