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 3   Other general provisions about how the FW Act applies in relation to transitional instruments

32   Employee not award/agreement free if transitional instrument applies

(1) An employee is not an award/agreement free employee for the purposes of the FW Act if a transitional instrument applies to the employee.

(2) The regulations may make provision in relation to any of the following in relation to employees to whom transitional instruments apply:

(a) what is the base rate of pay of such an employee for the purposes of the FW Act (either generally or for the purposes of entitlements under the National Employment Standards);

(b) what is the full rate of pay of such an employee for the purposes of the FW Act (either generally or for the purposes of entitlements under the National Employment Standards);

(c) whether such an employee is a pieceworker for the purposes of the FW Act.