Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_101b:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 101B (pt 1/2)
Character Range: 295099–297937

101B  Protected award conditions

 (1) This section applies if:
 (a) a person's employment is subject to a workplace agreement; and
 (b) protected award conditions would have effect (but for the agreement) in relation to the employment of the person.

 (2) Those protected award conditions:
 (a) are taken to be included in the workplace agreement; and
 (b) have effect in relation to the employment of that person; and
 (c) have that effect subject to any terms of the workplace agreement that expressly exclude or modify all or part of them.

 (2A) Despite paragraph (2)(c), those protected award conditions have effect in relation to the employment of that person to the extent that those protected award conditions are about outworker conditions, despite any terms of the workplace agreement that provide, in a particular respect, a less favourable outcome for that person.

 (3) In this section:

outworker means an employee who, for the purposes of the business of the employer, performs work at private residential premises or at other premises that are not business or commercial premises of the employer.

outworker conditions means conditions (other than pay) for outworkers, but only to the extent necessary to ensure that their overall conditions of employment are fair and reasonable in comparison with the conditions of employment specified in a relevant award or awards for employees who perform the same kind of work at an employer's business or commercial premises.

protected allowable award matters means the following matters:
 (a) rest breaks;
 (b) incentive‑based payments and bonuses;
 (c) annual leave loadings;
 (d) observance of days declared by or under a law of a State or Territory to be observed generally within that State or Territory, or a region of that State or Territory, as public holidays by employees who work in that State, Territory or region, and entitlements of employees to payment in respect of those days;
 (da) days to be substituted for, or a procedure for substituting, days referred to in paragraph (d);
 (e) monetary allowances for:
 (i) expenses incurred in the course of employment; or
 (ii) responsibilities or skills that are not taken into account in rates of pay for employees; or
 (iii) disabilities associated with the performance of particular tasks or work in particular conditions or locations;
 (f) loadings for working overtime or for shift work;
 (g) penalty rates;
 (h) outworker conditions;
 (i) any other matter specified in the regulations.

Note: These matters are the same as certain allowable award matters mentioned in section 116.

protected award conditions means the terms of an award, as in force from time to time, to the extent that those terms:
 (a) are:
 (i) about protected allowable award matters; or
 (ii) terms that are incidental to protected allowable