Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:10_5
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 10 cl 5
Character Range: 405007–405811

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.