Document ID: chunk:federal_register_of_legislation:C2009A00124:clause:3a_42
Version: federal_register_of_legislation:C2009A00124
Segment Type: clause
Provision Reference: sch 3A cl 42
Character Range: 110165–111094

42  Terms of modern awards about outworker conditions continue to apply
(1) This item applies if, at a particular time:
 (a) a Division 2B State employment agreement applies to an employee; and
 (b) outworker terms (within the meaning of the FW Act) in a modern award would, but for the Division 2B State employment agreement, apply to the employee.
(2) Despite item 41 and despite any terms of the Division 2B State employment agreement that are detrimental to the employee in any respect when compared to the terms of the modern award, the outworker terms apply at that time to the following persons:
 (a) the employee;
 (b) the employer;
 (c) each employee organisation to which the modern award applies.
(3) To avoid doubt, to the extent to which terms of a modern award apply to an employee, an employer or an employee organisation because of subitem (2), the modern award applies to the employee, employer or organisation.