A foreign student in Australia covered by a modern award?

1 ANSWERS

1. Guest2527
   

   Most foreign student in Australia employers and employees previously covered by a federal award or a notional agreement preserving state award (NAPSA) or State reference transitional award are now covered by a modern award.
   Note that different rules apply for employees coming into the national system from the NSW, Queensland, South Australian or Tasmanian state systems on 1 January 2010 (e.g. employees employed by sole traders, partnerships, other unincorporated entities and non-trading corporations in those states).
   If these employees were covered by a state award immediately before 1 January 2010, they will be covered by a ‘Division 2B State award’ from that time. Division 2B State awards continue until 31 December 2010 when they terminate. From 1 January 2011 employees formerly covered by a Division 2B State award are covered by the relevant modern award, although most modern awards provide for the terms of the Division 2B State award to continue to apply until the end of the full pay period commencing before 1 February 2011.
   If a modern award does not exist for a particular industry or occupation, there may be an agreement that applies. Employees not covered by any award or agreement may be covered by a transitional minimum wage instrument.
   A modern award will not apply to employees who are paid a guaranteed amount of $108 300 p.a. (during the year ended 30 June 2010 - indexed annually). This means that the terms of the modern award may not apply to many managers and higher income employees - even if there is a relevant modern award for their industry.

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