Fair Work Amendment (State Referrals and Other Measures) Act 2009 (124 of 2009)

Schedule 2   Transitional matters related to State referrals under Division 2B of Part 1-3 of the Fair Work Act 2009

Part 1   Amendment of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

110   After item 4 of Schedule 16

Insert:

4A Compliance with Division 2B State instruments

Division 2B State awards

(1) A person must not contravene a term of a Division 2B State award that applies to the person.

Note 1: This subitem is a civil remedy provision (see item 16, and Part 4-1 of the FW Act).

Note 2: An injunction may not be granted in relation to a contravention of a Division 2B State award (see item 17).

Division 2B State employment agreements

(2) A person must not contravene a term of a Division 2B State employment agreement that applies to the person.

Note 1: This subitem is a civil remedy provision (see item 16, and Part 4-1 of the FW Act).

Note 2: An injunction may not be granted in relation to a contravention of a Division 2B State employment agreement instrument (see item 17).

4B Compliance with obligations relating to conditional terminations of individual Division 2B State employment agreements

(1) An employer must not contravene subitem 25(6) of Schedule 3A.

Note: This subitem is a civil remedy provision (see item 16, and Part 4-1 of the FW Act).

(2) A bargaining representative who applies to FWA for approval of an enterprise agreement must not contravene subitem 25(7) of Schedule 3A.

Note: This subitem is a civil remedy provision (see item 16, and Part 4-1 of the FW Act).