Document ID: chunk:federal_register_of_legislation:C2012A00033:clause:1_3
Version: federal_register_of_legislation:C2012A00033
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 38305–39423

3  Effect on TCF contract outworker's entitlements

Accrued entitlements not affected
 (1) The amendments made by the amending Act do not affect any entitlement that a TCF contract outworker had accrued before commencement.

Effect of modern award term requiring National Employment Standards to be applied to TCF contract outworker
 (2) To avoid doubt, if:
 (a) a term of a modern award requires the principal of a TCF contract outworker to apply the National Employment Standards to the outworker as if the outworker were an employee; and
 (b) because of Division 2 of Part 6‑4A of the amended Act, the outworker is taken to be an employee (being a national system employee) of the principal for the purposes of Part 2‑2 of the amended Act (the National Employment Standards);
then, to the extent that the term gives the outworker an entitlement that is the same as an entitlement (the NES entitlement) of the outworker (as a national system employee) under the National Employment Standards, the term operates in parallel with the outworker's NES entitlement, but not so as to give the outworker a double benefit.