(1) A State award is an instrument in relation to which the following conditions are satisfied:
(a) the instrument regulates terms and conditions of employment;
(b) the instrument was made under a State industrial law by a State industrial body;
(c) the instrument is referred to in that law as an award.
(2) However, the regulations may provide that an instrument of a specified kind:
(a) is a State award ; or
(b) is not a State award .