Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:7_5
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 7 cl 5
Character Range: 290709–291709

5  Reference instruments etc.
(1) A reference instrument, in relation to employees who are covered by an enterprise agreement, is:
 (a) any relevant general instrument; or
 (b) if there is no relevant general instrument—any designated award;
for one or more of the employees.
(2) A relevant general instrument, for an employee who is covered by an enterprise agreement, is an award‑based transitional instrument:
 (a) that regulates, or would but for an enterprise agreement or another industrial instrument having come into operation regulate, any term or condition of employment of persons engaged in the same kind of work as that performed or to be performed by the employee under the enterprise agreement; and
 (b) that applied, or would but for an enterprise agreement or another industrial instrument having come into operation have applied, to the employee's employer immediately before the day on which the application for approval of the agreement was made under section 185 of the FW Act.