Section 168E — Fair Work Act 2009: State reference public sector modern awards

(1) This Division contains additional provisions that relate to State reference public sector modern awards. The provisions in this Division have effect despite anything else in this Part. (2) A State reference public sector modern award is a modern award in relation to which the following conditions are satisfied: (a) the only employers that are expressed to be covered by the modern award are one or more specified State reference public sector employers; (b) the only employees who are expressed to be covered by the modern award are specified State reference public sector employees of those employers. (3) A State reference public sector employee is an employee: (a) who is a national system employee only because of section 30C or 30M; and (b) who is a State public sector employee as defined in section 30A or 30K. (4) A State reference public sector employer is an employer: (a) that is a national system employer only because of section 30D or 30N; and (b) that is a State public sector employer as defined in section 30A or 30K.