Document ID: chunk:federal_register_of_legislation:F2024C00355:reg:4:p2
Version: federal_register_of_legislation:F2024C00355
Segment Type: reg
Provision Reference: reg 4 (pt 2/3)
Character Range: 36916–39653

(b) a transitional agreement‑based instrument of the following kinds applied to the employer in relation to the affected employee:
 (i) a workplace agreement;
 (ii) a workplace determination;
 (iii) a preserved State agreement;
 (iv) an AWA;
 (v) a pre‑reform AWA.
Note: See subitem 28(1) of Schedule 3 to the Act.

3.03C  Prescribed source pay equity order
  For paragraph 43(4)(d) of Schedule 3 to the Act, the prescribed source pay equity order is the order made by the Queensland Industrial Relations Commission on 12 June 2009 amending the Queensland Community Services and Crisis Assistance Award—State 2008.
Note: The prescribed source pay equity order gave effect to the decision of the Queensland Industrial Relations Commission in Queensland Services, Industrial Union of Employees AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others (A/2008/5) on 6 May 2009.

3.03D  Modification of Schedule 3 to Act—base rate of pay
  For subitem 8(1) of Schedule 2 to the Act, item 43 of Schedule 3 to the Act is modified by omitting subitem 43(5) and inserting:
 '(5) If the transitional pay equity order applies to an employer, the employer is required to pay to each affected employee of the employer a base rate of pay, in respect of a period, that is not less than the base rate of pay that the employee would have been entitled to be paid under the Queensland Community Services and Crisis Assistance Award—State 2008 as in effect at 1 September 2011 in respect of that period, assuming that the base rate of pay had continued to be determined in whole or part by, or in accordance with, the source pay equity order in respect of that period.
Note: The base rate of pay includes any amount required to be paid under the general ruling made by the Queensland Industrial Relations Commission on 31 August 2011 in the matters of Queensland Council of Unions AND Local Government Association of Queensland Ltd and Others (B/2011/17) and The Australian Workers' Union of Employees, Queensland AND Local Government Association of Queensland Ltd and Others (B/2011/19).'.

3.03E  Modification of Schedule 3 to Act—when transitional pay equity order takes effect
  For subitem 8(1) of Schedule 2 to the Act, Schedule 3 to the Act is modified by substituting subitem 43(7) as follows:
 '(7) The transitional pay equity order takes effect in relation to the employer on 27 March 2011.'.

3.03F  Payment of back pay
  For subitem 8(1) of Schedule 2 to the Act, Schedule 3 to the Act is modified by inserting the following after subitem 43(7):
 '(7A) An amount payable by the employer under subitem (7) in relation to the period (the backpay period):
 (a) commencing on 27 March 2011; and
 (b)