Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_89a
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 89A
Character Range: 84249–86223

89A  Operation of the Australian Fair Pay and Conditions Standard

 (1) The Australian Fair Pay and Conditions Standard provides key minimum entitlements of employment for the employees to whom it applies.

 (2) The Australian Fair Pay and Conditions Standard prevails over a workplace agreement or a contract of employment that operates in relation to an employee to the extent to which, in a particular respect, the Australian Fair Pay and Conditions Standard provides a more favourable outcome for the employee.

 (2A) A dispute about:
 (a) whether the Australian Fair Pay and Conditions Standard provides a more favourable outcome for an employee in a particular respect than a workplace agreement that operates in relation to that employee; or
 (b) what the outcome is for an employee in a particular respect under the Australian Fair Pay and Conditions Standard, where a workplace agreement operates in relation to that employee;
is to be resolved using the dispute settlement procedure included (or taken to be included) in the agreement.

 (3) The regulations may prescribe:
 (a) what a particular respect is or is not for the purposes of subsection (2) or (2A); or
 (b) the circumstances in which the Australian Fair Pay and Conditions Standard provides or does not provide a more favourable outcome in a particular respect.

Example 1: The way in which particular amounts of annual leave are accrued could be prescribed as a particular respect under paragraph (3)(a).

Example 2: Both the Standard and a workplace agreement require an employee to attest to certain matters in a statutory declaration made for the purposes of maternity leave. The matters required by the agreement are different in some respects from those set out in the Standard. Regulations made for the purposes of paragraph (3)(b) could prescribe the matters to be attested in a statutory declaration as a circumstance in which the Standard is not taken to provide a more favourable outcome.