Section 768BXFair Work Act 2009 (Cth)

Modification of this Act for copied State instruments

This Act has effect in relation to a transferring employee on and after the employee’s re‑employment time as if a reference in a provision referred to in column 1 to a term referred to in column 2 included a reference to the term referred to in column 3.

Modification of this Act for copied State instruments

Item

Column 1

Provision of this Act

Column 2

Current term

Column 3

New term

1

Division 2 of Part 2‑9 (payment of wages)

modern award

copied State award for the transferring employee

2

Division 2 of Part 2‑9 (payment of wages)

enterprise agreement

copied State employment agreement for the transferring employee

3

Division 3 of Part 2‑9 (guarantee of annual earnings)

modern award

copied State award for the transferring employee

4

Division 3 of Part 2‑9 (guarantee of annual earnings)

enterprise agreement

copied State employment agreement for the transferring employee

5

Part 3‑2 (unfair dismissal)

modern award

copied State award for the transferring employee

6

Part 3‑2 (unfair dismissal)

enterprise agreement

copied State employment agreement for the transferring employee

7

Division 9 of Part 3‑3 (payments relating to periods of industrial action)

modern award

copied State award for the transferring employee

8

Division 9 of Part 3‑3 (payments relating to periods of industrial action)

enterprise agreement

copied State employment agreement for the transferring employee

9

subsection 481(1) (right of entry)

fair work instrument

copied State instrument for the transferring employee

10

subsection 524(2) (stand down)

enterprise agreement

copied State instrument for the transferring employee

11

Part 4‑1 (compliance)

fair work instrument

copied State instrument for the transferring employee

12

section 657 (General Manager)

fair work instrument

copied State instrument for the transferring employee

13

Part 5‑2 (Fair Work Ombudsman)

fair work instrument

copied State instrument for the transferring employee

14

Part 5‑2 (Fair Work Ombudsman)

modern award

copied State award for the transferring employee

15

Part 5‑2 (Fair Work Ombudsman)

enterprise agreement

copied State employment agreement for the transferring employee

16

Part 6‑2 (dealing with disputes)

modern award

copied State award for the transferring employee

17

Part 6‑2 (dealing with disputes)

enterprise agreement

copied State employment agreement for the transferring employee

18

Part 6‑2 (dealing with disputes)

fair work instrument

copied State instrument for the transferring employee

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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