Section 768BR — Fair Work Act 2009: Cessation not intended to result in reduction in take-home pay

(1) If a copied State award for a transferring employee ceases to operate because of subsection 768AO(2), the cessation is not intended to result in a reduction in the take-home pay of the employee. (2) A transferring employee’s take-home pay is the pay the employee actually receives: (a) including wages and incentive-based payments, and additional amounts such as allowances and overtime; but (b) disregarding the effect of any deductions that are made as permitted by section 324. Note: Deductions permitted by section 324 may (for example) include deductions under salary sacrificing arrangements. (3) A transferring employee suffers a reduction in take-home pay if, and only if: (a) when the copied State award for the employee ceases to operate because of subsection 768AO(2), the employee becomes a person to whom a modern award applies; and (b) the employee is employed in the same position as (or a position that is comparable to) the position he or she was employed in immediately before the cessation of the copied State award; and (c) the amount of the employee’s take-home pay for working particular hours or for a particular quantity of work after the cessation of the copied State award is less than what would have been the employee’s take-home pay for those hours or that quantity of work immediately before the cessation; and (d) that reduction in the employee’s take-home pay is attributable to the cessation of the copied State award.