Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:15_45
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 15 cl 45
Character Range: 1097796–1100048

45  Preserved notional terms of notional agreement

 (1) A preserved notional term is a term, or more than one term, of a notional agreement preserving State awards that is about any or all of the following matters:
 (a) annual leave;
 (b) personal/carer's leave;
 (c) parental leave, including maternity and adoption leave;
 (d) long service leave;
 (e) notice of termination;
 (f) jury service;
 (g) superannuation.

 (2) If a term of a notional agreement preserving State awards is about both matters referred to in paragraphs (1)(a) to (g) and other matters, it is taken to be a preserved notional term only to the extent that it is about the matters referred to in those paragraphs.

 (3) A preserved notional term about the matter referred to in paragraph (1)(g) (superannuation) ceases to have effect at the end of 30 June 2008.

 (3A) If more than one term of a notional agreement preserving State awards is about a matter referred to in subclause (2), then those terms, taken together, constitute the preserved notional term of that notional agreement about that matter.

 (4) In this clause:

personal/carer's leave includes war service sick leave, infectious diseases sick leave and other like forms of sick leave.

 (5) The regulations may provide that for the purposes of subclause (1):
 (a) the matter referred to in paragraph (1)(c) does not include one or both of the following:
 (i) special maternity leave (within the meaning of section 94C);
 (ii) the entitlement under section 94F to transfer to a safe job or to take paid leave; and
 (b) personal/carer's leave does not include one or both of the following:
 (i) compassionate leave (within the meaning of section 93Q);
 (ii) unpaid carer's leave (within the meaning of section 93D).

Note: The effect of excluding a form of leave or an entitlement in relation to a matter is that the entitlement in relation to that form of leave or matter under the Australian Fair Pay and Conditions Standard will automatically apply.

 (6) Regulations under subclause (5) may be expressed to apply generally or in respect of employees engaged in specified types of employment, such as full‑time employment, part‑time employment, casual employment, regular part‑time employment or shift work.