Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3_31a
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3 cl 31A
Character Range: 92844–94507

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.

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