Document ID: chunk:federal_register_of_legislation:C2006A00064:clause:1_16c
Version: federal_register_of_legislation:C2006A00064
Segment Type: clause
Provision Reference: sch 1 cl 16C
Character Range: 13257–14956

16C  Meaning of applicable statutory conditions

 (1) For the purposes of this Act, the applicable statutory conditions, in relation to particular work, are:
 (a) if the work would be covered by the Australian Fair Pay and Conditions Standard:
 (i) the minimum terms and conditions for the work under the Australian Fair Pay and Conditions Standard; and
 (ii) if the work would also be covered by a transitional award—the minimum terms and conditions for the work under the transitional award, so far as the terms and conditions relate to rates of pay and casual loadings; or
 (b) if the work would not be covered by the Australian Fair Pay and Conditions Standard, the minimum terms and conditions for the work under whichever of the following would cover the work:
 (i) a pre‑reform certified agreement within the meaning of Schedule 7 to the Workplace Relations Act 1996;
 (ii) a preserved State agreement within the meaning of Schedule 8 to that Act;
 (iii) a transitional award (unless the employer in relation to the work would be an employer within the meaning of section 858 of that Act);
 (iv) a State or Territory industrial law within the meaning of that Act;
 (v) a State award within the meaning of that Act;
 (vi) a State employment agreement within the meaning of that Act.

 (2) However, if the work would be covered by more than one agreement, award or law of a kind referred to in paragraph (1)(b), do not have regard to such an agreement, award or law to the extent that one or more of the others prevails over it in relation to the work.

 (3) In this section:

transitional award means a transitional award within the meaning of Schedule 6 to the Workplace Relations Act 1996.