Document ID: chunk:federal_register_of_legislation:C2009A00124:clause:3a_46
Version: federal_register_of_legislation:C2009A00124
Segment Type: clause
Provision Reference: sch 3A cl 46
Character Range: 114208–115762

46  Designated outworker terms of Division 2B State award continue to apply
(1) This item applies if, at a particular time:
 (a) an enterprise agreement or workplace determination (under the FW Act) applies to an employer; and
 (b) a Division 2B State award covers the employer (whether the award covers the employer in the employer's capacity as an employer or an outworker entity); and
 (c) the Division 2B State award includes one or more designated outworker terms.
(2) Despite item 45, the designated outworker terms of the Division 2B State award apply at that time to the following:
 (a) the employer;
 (b) each employee who is both:
 (i) a person to whom the enterprise agreement or workplace determination applies; and
 (ii) a person who is covered by the Division 2B State award;
 (c) each employee organisation that is covered by the Division 2B State award.
(3) To avoid doubt:
 (a) Division 2B State awards are taken to be instruments to which the definition of designated outworker term in section 12 of the FW Act applies; and
 (b) designated outworker terms of a Division 2B State award can apply to an employer under subitem (2) even if none of the employees of the employer is an outworker; and
 (c) to the extent to which designated outworker terms of a Division 2B State award apply to an employer, an employee or an employee organisation because of subitem (2), the award applies to the employer, employee or organisation.
Division 3—Other general provisions about how the FW Act applies in relation to Division 2B State instruments