Commonwealth Consolidated Acts

FAIR WORK (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 2009 - SCHEDULE 12

1   Meanings of employee and employer

In this Schedule, employee and employer have their ordinary meanings.

2   Application in relation to Australian Fair Pay and Conditions Standard

For the purposes of the operation of Part   3 - 1 of the FW Act in relation to the bridging period, a reference in that Part to the National Employment Standards is taken to include a reference to the Australian Fair Pay and Conditions Standard.

Note:   References in Part   3 - 1 of the FW Act to the National Employment Standards are found in paragraph   344(a) and subparagraph   354(1)(a)(i) of that Act.

3   Application in relation to award - based transitional instruments and agreement - based transitional instrument

(1)   Part   3 - 1 of the FW Act has effect as if:

  (a)   a reference in that Part to an enterprise agreement included a reference to an agreement - based transitional instrument; and

  (b)   a reference in that Part to a modern award included a reference to an award - based transitional instrument.

Note:   References in Part   3 - 1 of the FW Act:

(a)   to an enterprise agreement are found in paragraphs 341(2)(e) and (g), paragraph   344(b), subsection   353(3) and subparagraphs   354(1)(a)(iii) and (b)(ii) of that Act; and

(b)   to a modern award are found in paragraphs 341(2)(g) and 344(b) of Part   3 - 1 of that Act.

(2)   Without limiting subitem   (1), paragraph   344(b) of the FW Act has effect in relation to the bridging period as if a term referred to in that paragraph were a term of an agreement - based transitional instrument or an award - based transitional instrument that dealt with:

  (a)   averaging of hours of work; or

  (b)   cashing out paid annual leave; or

  (c)   taking paid annual leave; or

  (d)   cashing out paid personal/carer's leave; or

  (e)   the kind of evidence that an employee must provide in order to be entitled to paid personal/carer's leave, unpaid carer's leave or compassionate leave; or

  (f)   the substitution of a day or part - day for a day or part - day that would otherwise be a public holiday; or

  (g)   the period of notice an employee must give in order to terminate his or her employment; or

  (h)   paid loadings for school - based apprentices and trainees in lieu of paid annual leave, paid annual leave or paid absence on public holidays.

Note:   This means, for example, that an employer is prohibited from exerting undue influence or undue pressure on an employee to have the employee agree to a cashing out of annual leave arrangement under a term of a pre - reform certified agreement.

4   Application in relation to Division   2B State instruments

Part   3 - 1 of the FW Act has effect as if:

  (a)   a reference in that Part to an enterprise agreement included a reference to a Division   2B State employment agreement; and

  (b)   a reference in that Part to a modern award included a reference to a Division   2B State award.

Note:   References in Part   3 - 1 of the FW Act:

(a)   to an enterprise agreement are found in paragraphs 341(2)(e) and (g), paragraph   344(b), subsection   353(3) and subparagraphs   354(1)(a)(iii) and (b)(ii) of that Act; and

(b)   to a modern award are found in paragraphs 341(2)(g) and 344(b) of that Act.