Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_78
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 78
Character Range: 993777–995315

78  When preserved transitional award entitlements have effect

 (1) This clause applies to an employee if:
 (a) the employee's employment is regulated by a transitional Victorian reference award that includes a preserved transitional award term about a matter; and
 (b) the employee has an entitlement (the preserved transitional award entitlement) in relation to that matter under the preserved transitional award term.

 (2) If:
 (a) the preserved transitional award term is about a matter referred to in paragraph 22(3)(e), (f) or (g); and
 (b) the employee's preserved transitional award entitlement in relation to the matter is more generous than the employee's entitlement in relation to the corresponding matter under the Australian Fair Pay and Conditions Standard;
the employee's entitlement under the Australian Fair Pay and Conditions Standard is excluded, and the employee's preserved transitional award entitlement has effect in accordance with the preserved transitional award term. Otherwise, the employee's entitlement under the Australian Fair Pay and Conditions Standard has effect.

Note: See clause 79 for the meaning of more generous.

 (3) If:
 (a) the preserved transitional award term is about a matter referred to in paragraph 22(3)(e), (f) or (g); and
 (b) the employee has no entitlement in relation to the corresponding matter under the Australian Fair Pay and Conditions Standard;
the employee's preserved transitional award entitlement has effect in accordance with the preserved transitional award term.