Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:15_38a
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 15 cl 38A
Character Range: 1089893–1090813

38A  Operation of a notional agreement preserving State awards

 (1) A notional agreement preserving State awards ceases to be in operation at the end of a period of 3 years beginning on the reform commencement.

 (2) A notional agreement preserving State awards ceases to be in operation in relation to an employee if a workplace agreement comes into operation in relation to the employee.

Note: The reference in subclause (2) to a workplace agreement includes a reference to a workplace determination (see section 113F).

 (3) A notional agreement preserving State awards ceases to be in operation in relation to an employee if the employee becomes bound by an award.

 (4) If the notional agreement has ceased operating in relation to an employee because of subclause (2) or (3), the agreement can never operate again in relation to that employee.

Division 3—Varying a notional agreement preserving State awards