Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3_28a
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3 cl 28A
Character Range: 87991–88910

28A  Terms of modern awards about outworker conditions continue to apply
(1) This item applies if, at a particular time:
 (a) an agreement‑based transitional instrument applies to an employee; and
 (b) outworker terms (within the meaning of the FW Act) in a modern award would, but for the transitional instrument, apply to the employee.
(2) Despite item 28 and despite any terms of the agreement‑based transitional instrument that are detrimental to the employee in any respect when compared to the terms of the modern award, the outworker terms apply at that time to the following persons:
 (a) the employee;
 (b) the employer;
 (c) each employee organisation to which the modern award applies.
(3) To avoid doubt, to the extent to which terms of a modern award apply to an employee, an employer or an employee organisation because of subitem (2), the modern award applies to the employee, employer or organisation.