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Section : When State-based difference terms may be included
Domain : Human Resource Management
Classification : Not Identified

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(2) However, a modern award may include State-based difference terms if the terms were included in the award: (a) in the award modernisation process; or (b) in accordance with subsection (3); but only for up to 5 years starting on the day on which the first modern award that included those terms came into operation. (3) If: (a) a modern award includes State-based difference terms as permitted under subsection (2); and (b) FWA is making or varying another modern award so that it (rather than the modern award referred to in paragraph (a)) will cover some or all of the classes of employees who are covered by those terms; FWA may include those terms in that other modern award. However, FWA must not extend the coverage of those terms to classes of employees that they did not previously cover.

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