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

94   Subitem 4(2) of Schedule 13 (note)

Repeal the note, substitute:

Note: The effect of this provision is that an employee who is covered by an agreement-based transitional instrument or a Division 2B State employment agreement may not organise or engage in industrial action until after the nominal expiry date of the instrument or agreement has passed. However, this does not apply to an individual agreement-based transitional instrument, or an individual Division 2B State employment agreement, in relation to which a conditional termination has been made.