Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_117b
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 117B
Character Range: 504253–506141

117B  When preserved award entitlements have effect

 (1) This section applies to an employee if:
 (a) the employee's employment is regulated by an award that includes a preserved award term about a matter; and
 (b) the employee has an entitlement (the preserved award entitlement) in relation to that matter under the preserved award term.

 (2) If:
 (a) the preserved award term is about a matter referred to in paragraph 117(2)(a), (b) or (c); and
 (b) the employee's preserved award entitlement in relation to the matter is more generous than the employee's entitlement in relation to the corresponding matter under the Australian Fair Pay and Conditions Standard;
the employee's entitlement under the Australian Fair Pay and Conditions Standard is excluded, and the employee's preserved award entitlement has effect in accordance with the preserved award term. Otherwise, the employee's entitlement under the Australian Fair Pay and Conditions Standard has effect.

Note: See section 117C for the meaning of more generous.

 (3) If:
 (a) the preserved award term is about a matter referred to in paragraph 117(2)(a), (b) or (c) and the employee has no entitlement in relation to the corresponding matter under the Australian Fair Pay and Conditions Standard; or
 (b) the preserved award term is about a matter referred to in paragraph 117(2)(d), (e), (f) or (g);
the employee's preserved award entitlement has effect in accordance with the preserved award term.

Note 1: Preserved award terms relating to matters referred to in paragraph 117(2)(g) cease to have effect at the end of 30 June 2008—see subsection 117(4).

Note 2: Subsection 7C(2) provides that State laws dealing with long service leave, jury service or superannuation (among other things) are not excluded by this Act, but section 7D provides that awards prevail over State laws to the extent of any inconsistency.