Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3_28
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3 cl 28
Character Range: 86549–87991

28  Modern awards and agreement‑based transitional instruments
(1) While an agreement‑based transitional instrument of any of the following kinds applies to an employee, or to an employer or other person in relation to the employee:
 (a) a workplace agreement;
 (b) a workplace determination;
 (c) a preserved State agreement;
 (d) an AWA;
 (e) a pre‑reform AWA;
a modern award does not apply to the employee, or to the employer or other person in relation to the employee.
Note 1: However, a modern award can continue to cover the employee while the agreement‑based transitional instrument continues to apply.
Note 2: This subitem has effect subject to item 13 of Schedule 9 (which requires that the base rate of pay under an agreement‑based transitional instrument must not be less than the relevant modern award rate).
(2) If:
 (a) an agreement‑based transitional instrument of any of the following kinds:
 (i) a pre‑reform certified agreement;
 (ii) an old IR agreement;
 (iii) a section 170MX award; and
 (b) a modern award;
both apply to an employee, or to an employer or other person in relation to the employee, the agreement‑based transitional instrument prevails over the modern award, to the extent of any inconsistency.
Note: This subitem has effect subject to item 13 of Schedule 9 (which requires that the base rate of pay under an agreement‑based transitional instrument must not be less than the relevant modern award rate).