Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Meaning of employee
In this Schedule, employee means a national system employee.
Part 2 -- Equal remuneration orders under the FW Act
2 FWA must take into account AFPC's final wage review
(1) This item applies in relation to a decision whether to make an equal remuneration order under Part 2 - 7 of the FW Act during the period:
(a) starting on the WR Act repeal day; and
(b) ending on the day FWA completes its first annual wage review.
(2) In deciding whether to make the equal remuneration order, FWA must take into account the outcome of the AFPC's final wage review under the WR Act.
3 Inconsistency with certain instruments and orders
(1) A term of an instrument or order referred to in subitem (2) has no effect in relation to an employee to the extent that it is less beneficial to the employee than a term of an equal remuneration order that:
(a) is made under Part 2 - 7 of the FW Act; and
(b) applies to the employee.
(2) For the purposes of subitem (1), the instruments and orders are as follows:
(a) a transitional instrument;
(b) an order of the Commission made under the WR Act;
(c) a transitional APCS;
(d) a Division 2B State instrument.
Note: A term of a modern award, an enterprise agreement or an FWA order also has no effect in relation to an employee to the extent that it is less beneficial to the employee than a term of an equal remuneration order that is made under Part 2 - 7 of the FW Act and applies to the employee (see section 306 of the FW Act).
Part 3 -- Equal remuneration orders under the WR Act
4 Continued effect of equal remuneration orders
(1) An order (a WR Act equal remuneration order ) that was:
(a) made under Division 3 of Part 12 of the WR Act (as in force from time to time); and
(b) in force immediately before the WR Act repeal day;
continues to have effect on and after the WR Act repeal day.
(2) A WR Act equal remuneration order may be varied or revoked by the FWC under subsections 603(1) and (2) of the FW Act as if it were an order made under Part 2 - 7 of the FW Act.
5 Inconsistency with certain instruments and orders
(1) A term of an instrument or order referred to in subitem (2) has no effect in relation to an employee to the extent that it is less beneficial to the employee than a term of an order that:
(a) was made under Division 3 of Part 12 of the WR Act (as in force from time to time); and
(b) was in force immediately before the WR Act repeal day; and
(c) applies to the employee.
(2) For the purposes of subitem (1), the instruments and orders are as follows:
(a) a modern award;
(b) an enterprise agreement;
(c) an FWC order;
(d) a transitional instrument that is an award or a State reference transitional award or common rule;
(e) a transitional instrument that is a workplace agreement;
(f) an order of the Commission made under the WR Act.