Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:10_3
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 10 cl 3
Character Range: 403569–404513

3  Inconsistency with certain instruments and orders
(1) A term of an instrument or order referred to in subitem (2) has no effect in relation to an employee to the extent that it is less beneficial to the employee than a term of an equal remuneration order that:
 (a) is made under Part 2‑7 of the FW Act; and
 (b) applies to the employee.
(2) For the purposes of subitem (1), the instruments and orders are as follows:
 (a) a transitional instrument;
 (b) an order of the Commission made under the WR Act;
 (c) a transitional APCS;
 (d) a Division 2B State instrument.
Note: A term of a modern award, an enterprise agreement or an FWA order also has no effect in relation to an employee to the extent that it is less beneficial to the employee than a term of an equal remuneration order that is made under Part 2‑7 of the FW Act and applies to the employee (see section 306 of the FW Act).

Part 3—Equal remuneration orders under the WR Act