Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_346b:p1
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 346B (pt 1/2)
Character Range: 7576–10399

346B  Definitions

 (1) In this Division:

business being transferred has the same meaning as in Part 11.

designated award, in relation to an employee or employees whose employment is or may be subject to a workplace agreement, means an award determined by the Workplace Authority Director under section 346L, and includes an award taken to be so designated in relation to the employee or employees under section 346K (unless a different award has been designated in relation to the employee or employees under section 346L).

enterprise award means an award that regulates a term or condition of employment of an employee or employees by an employer in a single business specified in the award.

industrial instrument means any of the following:
 (a) a pre‑reform AWA;
 (b) a pre‑reform certified agreement (within the meaning of Schedule 7);
 (c) a workplace determination;
 (d) a section 170MX award (within the meaning of Schedule 7);
 (e) an old IR agreement (within the meaning of Schedule 7).

new employer has the same meaning as in Part 11.

old employer has the same meaning as in Part 11.

protected award conditions has the same meaning as in subsection 354(4), subject to subsection (2) of this section.

reference award, in relation to an employee whose employment is subject to a workplace agreement, means:
 (a) a relevant award in relation to the employee; or
 (b) if there is no relevant award in relation to the employee—a designated award in relation to the employee.

relevant award, in relation to an employee whose employment is subject to a workplace agreement, means an award:
 (a) that regulates, or would but for a workplace agreement or another industrial instrument regulate, any term or condition of employment of persons engaged in the same kind of work as that performed or to be performed by the employee under the workplace agreement; and
 (b) that was binding on the employee's employer immediately before the day on which the workplace agreement was lodged.

salary means gross basic salary and does not include the following:
 (a) incentive‑based payments and bonuses;
 (b) loadings (other than casual loadings);
 (c) monetary allowances;
 (d) penalty rates;
 (e) employer superannuation contributions;
 (f) any other separately identifiable entitlements that are similar to those mentioned in paragraphs (a) to (d).

Note: Section 346G contains provisions relating to this definition.

time of transmission, in relation to a business being transferred, has the same meaning as in Part 11.

transferring employee has the same meaning as in Part 11.

transmission period, in relation to a business being transferred, has the same meaning as in Part 11.

 (2) For the purposes of the definition of protected award conditions in subsection (1), the definition of protected allowable award