Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:1_346ha
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 1 cl 346HA
Character Range: 23660–24918

346HA  Effect of State awards etc.

  For the purposes of paragraphs 346G(2)(a) and 346H(2)(a), an industry or occupation in which the terms and conditions of the kind of work performed or to be performed by an employee are usually regulated by an award is taken to include an industry or occupation in which the terms and conditions of the kind of work performed or to be performed by the employee:
 (a) were, immediately before the reform commencement, usually regulated by a State award, or would, but for an industrial instrument or a State employment agreement having come into operation, usually have been so regulated immediately before the reform commencement; or
 (b) are usually regulated by any of the following instruments:
 (i) a transitional Victorian reference award (within the meaning of Part 7 of Schedule 6);
 (ii) a common rule in operation under Schedule 6;
 (iii) a transitional award (within the meaning of Schedule 6) other than a Victorian reference award (within the meaning of that Schedule), to the extent that the award regulates excluded employers in respect of the employment of employees in Victoria;
  or would, but for a workplace agreement or an industrial instrument having come into operation, usually be so regulated.