Section 768BJ — Fair Work Act 2009: What this Division is about

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.