Modern awards and copied State awards
(1) While a copied State award for a transferring employee: (a) covers the employee, or an employer (whether the new employer or another national system employer) or other person in relation to the employee; and (b) is in operation; a modern award does not cover the employee, or the employer or other person in relation to the employee. Note 1: When the copied State award for a transferring employee ceases to cover the employee, a modern award will start to cover the employee, or an employer or other person in relation to the employee. Note 2: This subsection may operate in relation to an employer that is not the new employer in the situation where there has been a later transfer of business by the new employer (see Part 2‑8). (2) Subsection (1) does not apply for the purposes of section 193 (which is about the better off overall test for enterprise agreements). Note: For the purposes of determining whether an enterprise agreement that covers a transferring employee passes the better off overall test, subsection (2) allows the enterprise agreement to be compared against a modern award that covers the employee. (3) This section has effect subject to any FWC order about coverage under subsection 768BA(1).
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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