Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3a_3
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3A cl 3
Character Range: 113330–115143

3  Division 2B State awards
(1) If, immediately before the Division 2B referral commencement:
 (a) a State award (the source award) was in operation under a State industrial law of a Division 2B referring State (the source State); and
 (b) the source award covered (however described in the source award or a relevant law of the source State) employers and employees who become Division 2B State reference employers and Division 2B State reference employees on the Division 2B referral commencement (whether or not the source award also covered other persons);
a Division 2B State award is taken to come into operation immediately after the Division 2B referral commencement.
Note 1: A Division 2B State award is a notional federal instrument derived from the source award.
Note 2: In addition to provisions of this Schedule, the following other provisions affect the existence of Division 2B State awards:
(a) Division 2 of Part 2 of Schedule 6 (which deals with the enterprise instrument modernisation process);
(b) Schedule 11 (which deals with transfer of business).
(2) Subject to this Schedule, the Division 2B State award is taken to include the same terms as were in the source award immediately before the Division 2B referral commencement.
Note: For the meanings of Division 2B referral commencement, Division 2B referring State, Division 2B State reference employee and Division 2B State reference employer, see items 2 and 2A of Schedule 3.
(3) If the terms of the source award were affected by an order, decision or determination of a State industrial body or a court of the source State that was in operation immediately before the Division 2B referral commencement, the terms of the Division 2B State award are taken to be similarly affected by the terms of that order, decision or determination.