Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (55 of 2009)

Schedule 3   Continued existence of awards, workplace agreements and certain other WR Act instruments

Part 5   Transitional instruments and the FW Act

Division 2   Interaction between transitional instruments and FW Act modern awards, enterprise agreements and workplace determinations

31A   Designated outworker terms of award-based transitional instrument continue to apply

(1) This item applies if, at a particular time:

(a) an enterprise agreement or workplace determination (under the FW Act) applies to an employer; and

(b) an award-based transitional instrument covers the employer (whether the transitional instrument covers the employer in the employer's capacity as an employer or an outworker entity); and

(c) the transitional instrument includes one or more designated outworker terms.

(2) Despite item 31, the designated outworker terms of the award-based transitional instrument apply at that time to the following:

(a) the employer;

(b) each employee who is both:

(i) a person to whom the enterprise agreement or workplace determination applies; and

(ii) a person who is covered by the transitional instrument;

(c) each employee organisation that is covered by the transitional instrument.

(3) To avoid doubt:

(a) award-based transitional instruments are taken to be instruments to which the definition of designated outworker term in section 12 of the FW Act applies; and

(b) designated outworker terms of an award-based transitional instrument can apply to an employer under subitem (2) even if none of the employees of the employer is an outworker; and

(c) to the extent to which designated outworker terms of an award-based transitional instrument apply to an employer, an employee or an employee organisation because of subitem (2), the transitional instrument applies to the employer, employee or organisation.