Document ID: chunk:federal_register_of_legislation:C2009A00124:clause:3a_2:p1
Version: federal_register_of_legislation:C2009A00124
Segment Type: clause
Provision Reference: sch 3A cl 2 (pt 1/2)
Character Range: 53457–56080

2  What are Division 2B State instruments?
(1) A Division 2B State instrument is a Division 2B State award (see item 3) or a Division 2B State employment agreement (see item 5).
(2) Subject to subitem (3), a State award is an instrument in relation to which the following conditions are satisfied:
 (a) the instrument regulates terms and conditions of employment;
 (b) the instrument was made under a State industrial law by a State industrial body;
 (c) the instrument is referred to in that law as an award.
Note: This definition does not apply to a reference in a provision of this Act to a State award if the provision expressly refers to the meaning that was given by the WR Act.
(3) The regulations may provide that an instrument of a specified kind:
 (a) is a State award; or
 (b) is not a State award.
(4) Subject to subitem (5), a State employment agreement is:
 (a) an agreement in relation to which the following conditions are satisfied:
 (i) the agreement is between an employer and one or more employees of the employer, or between an employer and an association of employees registered under a State industrial law;
 (ii) the agreement determines terms and conditions of employment of one or more employees of the employer;
 (iii) the agreement was made under a State industrial law; or
 (b) a determination in relation to which the following conditions are satisfied:
 (i) the determination determines terms and conditions of employment;
 (ii) the determination was made under a State industrial law by a State industrial body;
 (iii) the determination was made in a situation in which parties who were negotiating for the making of an agreement of a kind described in paragraph (a) had not been able to reach an agreement;
 (iv) the purpose of the determination was to resolve the matters that were at issue in those negotiations.
Note: This definition does not apply to a reference in a provision of this Act to a State employment agreement if the provision expressly refers to the meaning that was given by the WR Act.
(5) The regulations may provide that an instrument of a specified kind:
 (a) is a State employment agreement; or
 (b) is not a State employment agreement.
(6) A State employment agreement is a collective State employment agreement unless:
 (a) it is an agreement of a kind that, under the relevant State industrial law, could only be entered into by a single employee and a single employer; or
 (b) the agreement is of a kind prescribed by the regulations for the purpose of this paragraph.
(7) A State employment agreement referred to in paragraph (6)(a) or (b) is an individual State