Document ID: chunk:federal_register_of_legislation:C2011C00175:clause:2_101
Version: federal_register_of_legislation:C2011C00175
Segment Type: clause
Provision Reference: sch 2 cl 101
Character Range: 38752–40077

101  Paragraph 47(1)(c)
Repeal the paragraph, substitute:
 (c) any of the following instruments (an industrial instrument) within the meaning given by the Workplace Relations Act 1996:
 (i) an award or a variation or order affecting an award;
 (ii) a transitional award or a variation or order affecting a transitional award;
 (iii) a pre‑reform certified agreement;
 (iv) a notional agreement preserving State awards;
  to the extent to which the industrial instrument has specific provisions relating to the payment of rates of salary or wages to persons, in circumstances in which:
 (v) if the persons were not in receipt of the salary or wages, they would be eligible for a disability support pension; and
 (vi) the salary or wages payable to each person are determined by reference to the capacity of that person; or
 (d) an order, award or determination of a court or tribunal having power to fix minimum wages, to the extent to which the order, award or determination has specific provisions relating to the payment of rates of salary or wages to persons, in circumstances in which:
 (i) if the persons were not in receipt of the salary or wages, they would be eligible for a disability support pension; and
 (ii) the salary or wages payable to each person are determined by reference to the capacity of that person.