Document ID: chunk:federal_register_of_legislation:C2009A00124:clause:3a_58
Version: federal_register_of_legislation:C2009A00124
Segment Type: clause
Provision Reference: sch 3A cl 58
Character Range: 125127–126603

58  Decisions made in award appeals, agreement proceedings and agreement appeals
(1) Section 26 of the FW Act does not apply to a law of a Division 2B referring State so far as the law provides for when any of the following decisions (a State decision) come into operation:
 (a) a decision made in award appeal to which subitem 55(1) applies;
 (b) a decision made in an agreement proceeding to which subitem 56(1) applies;
 (c) a decision made in an agreement appeal to which subitem 57(1) applies.
Note: If a State employment agreement comes into operation on or after the Division 2B referral commencement under a State industrial law of a Division 2B referring State, a Division 2B State employment agreement is taken to come into operation immediately afterwards: see item 5 of this Schedule.
(2) Subject to subitems (3) and (4), if a State decision affects the source award or source agreement for a Division 2B State instrument, the Division 2B State instrument is taken to be affected by the State decision in the same way, and from the same time, as the source award or source agreement is affected by the State decision.
(3) Subitem (2) does not apply to a State decision that affects the coverage terms of the source award or source agreement.
(4) Any resulting alteration of an entitlement under the Division 2B State instrument takes effect only from the later of the day on which the State decision is made and the day on which the decision comes into operation.