Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_103r
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 103R
Character Range: 336804–337874

103R  Consequence of termination of agreement—application of other industrial instruments

 (1) An industrial instrument mentioned in subsection (3) has no effect in relation to an employee if:
 (a) a workplace agreement operated in relation to the employee; and
 (b) the workplace agreement was terminated.

Note 1: See Part VA for the operation of the Australian Fair Pay and Conditions Standard in these circumstances.

Note 2: See subsections 103M(2), (3) and (4) for the operation of undertakings (if any) in these circumstances.

 (2) Subsection (1) operates in relation to the period:
 (a) starting when the agreement is terminated; and
 (b) ending when another workplace agreement comes into operation in relation to the employee.

 (3) The industrial instruments are as follows:
 (a) a workplace agreement;
 (b) an award, except to the extent to which it contains protected award conditions as defined in section 101B (disregarding any exclusion or modification of those conditions made by the agreement that was terminated).

Division 10—Prohibited conduct