Document ID: chunk:federal_register_of_legislation:C2024C00351:section:35:p2
Version: federal_register_of_legislation:C2024C00351
Segment Type: section
Provision Reference: s 35 (pt 2/3)
Character Range: 34632–37213

the application of the exclusion provisions in relation to a specified State or Territory contractor law, either:
 (a) generally; or
 (b) as specified in the regulations.

What if the contract period ends before the transition day?
 (6) If:
 (a) the contract period of the relevant contract ends before the transition day; and
 (b) there is no further contract between the parties that (disregarding subsection (7)) is a related continuation contract in relation to the relevant contract;
the consequences that result from the contract period ending (including consequences relating to the fact that there is no further contract as mentioned in paragraph (b)) are as provided by or under the relevant terms of any contract between the parties, the State or Territory contractor laws and any other relevant laws.
Note: The independent contractor may (for example) have an entitlement under the State or Territory contractor laws to recover an amount on account of accrued entitlements (such as leave), an entitlement to a reinstatement or re‑engagement remedy, or an entitlement to a redundancy payment.
 (7) If:
 (a) in a situation to which subsection (6) applies, the independent contractor obtains a remedy that results in his or her reinstatement or re‑engagement, with effect from a time before the transition day; and
 (b) the services contract (the remedy contract) under which he or she is reinstated or re‑engaged would not otherwise be a continuation contract in relation to:
 (i) if subparagraph (1)(a)(i) applies—the relevant contract; or
 (ii) if subparagraph (1)(a)(ii) applies—the pre‑reform commencement contract referred to in that subparagraph;
the remedy contract is taken to be such a continuation contract.

What if the contract period does not end before the transition day?
 (8) If the contract period of the relevant contract does not end before the transition day, the contract is to be treated, for the purposes of the State or Territory contractor laws, as if, on the transition day, it had been brought to an end by agreement of the parties (rather than by the unilateral act of one party).
Note: Because of this subsection, the occurrence of the transition day may trigger an entitlement under a State or Territory contractor law to recover an amount on account of accrued entitlements (such as leave). But the occurrence of the transition day should not trigger an entitlement under such a law to a reinstatement or re‑engagement remedy, or to a redundancy payment, as such remedies are generally not available for the ending of contracts by agreement.