Division 2B State Awards

Introduction

Since 1 January 2010, employers in New South Wales, Queensland, South Australia and Tasmania who were not trading as constitutional corporations and who were previously covered by state workplace relations systems are now covered by the national system as a result of the referral of state industrial powers to the Commonwealth. (Employers who are not constitutional corporations include sole traders, partnerships, other unincorporated entities and non-trading corporations.)

Those employers and their employees are now covered by instruments known as Division 2B State awards, which reflect the terms of the state awards applying at 31 December 2009.

From 31 December 2010, the Division 2B State awards will cease to have effect and the employers and employees who were previously covered by them will be covered by a modern award. During 2010 Fair Work Australia is required to consider varying modern awards to continue the effect of the terms of Division 2B State awards for a transitional period after 31 December 2010.

Fair Work Australia must also consider whether to make orders to continue the effect of terms of a Division 2B State award relating to long service leave for a transitional period after 31 December 2010.

Recent updates

Decisions & statements - Re Division 2B State Awards - 27 August 2010
Decisions & statements - Re Extension of time for filing applications - 29 June 2010
Submissions - 26 August 2010