Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_101c
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 101C
Character Range: 298332–300708

101C  Calling up content of other documents

 (1) A workplace agreement may incorporate by reference terms from an industrial instrument mentioned in subsection (2) only if the requirements in subsection (3) are satisfied.

 (2) The industrial instruments are as follows:
 (a) a workplace agreement;
 (b) an award.

Note: For pre‑reform certified agreements, see clause 9 in Schedule 14.

 (3) The requirements are as follows:
 (a) if the industrial instrument is an award:
 (i) just before the agreement is made the award regulates any term or condition of employment of persons engaged in a particular kind of work; and
 (ii) the employment of a person engaged in that kind of work will be subject to the agreement when the agreement comes into operation; and
 (iii) the award is binding on the employer in relation to the agreement just before the agreement is made;
 (b) if the industrial instrument is a workplace agreement—the instrument is binding on the employer in relation to the agreement mentioned in subsection (1) just before that agreement is made.

 (4) If those requirements are satisfied, the workplace agreement may incorporate terms by reference from the industrial instrument:
 (a) as in operation just before the agreement is made; or
 (b) as varied from time to time.

 (5) A term of a workplace agreement is void to the extent that:
 (a) it incorporates by reference terms from an industrial instrument mentioned in subsection (2); and
 (b) the requirements in subsection (3) are not satisfied.

 (6) A term of a workplace agreement is void to the extent that it incorporates by reference terms from any of the following instruments (other than an instrument mentioned in subsection (2)):
 (a) an award or agreement regulating terms and conditions of employment that is in force under a law of a State (other than a contract of employment);
 (b) an agreement, arrangement, deed or memorandum of understanding, that:
 (i) regulates terms and conditions of employment; and
 (ii) was created by a process of collective negotiation;
 (c) an industrial instrument specified in the regulations.

 (7) A term of a workplace agreement is void to the extent that it applies or adopts terms from an instrument mentioned in subsection (2) or (6), without incorporating those terms by reference in accordance with this section.

Subdivision B—Prohibited content