Section 768BJ — Fair Work Act 2009 (Cth)

This Division has a collection of special rules for copied State instruments for transferring employees.

Subdivision B deals with the case where a copied State instrument for a transferring employee does not have a term about settling disputes about matters arising under the instrument. In that case, the model term prescribed by the regulations is taken to be a term of the instrument.

Subdivision C is about working out service and entitlements of a transferring employee. This is particularly relevant for working out the employee’s entitlements under the National Employment Standards and the copied State instrument for the employee.

Subdivision D deals with the case where a copied State award for a transferring employee ceases to operate and the employee suffers a reduction in take home pay. That Subdivision allows the FWC to make a take‑home pay order to compensate the employee.

Subdivision E modifies particular provisions of this Act in relation to copied State instruments.

Subdivision F modifies particular provisions of the Transitional Act in relation to copied State instruments.

Subdivision G modifies particular provisions of the Registered Organisations Act in relation to copied State instruments.

Related sections

• s 768BG — Consolidation orders in relation to non‑transferring employees
• s 768BH — Consolidation order to deal with application and coverage
• s 768BI — Effect of this Act after a consolidation order is made
• s 768BK — Where no term dealing with disputes
• s 768BL — Service for the purposes of this Act
• s 768BM — NES—working out non‑accruing entitlements

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