Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:15_46
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 15 cl 46
Character Range: 1100048–1101757

46  When preserved notional entitlements have effect

 (1) This clause applies to an employee if:
 (a) the employee is bound by, or the employee's employment is subject to, a notional agreement preserving State awards that includes a preserved notional term about a matter; and
 (b) the employee has an entitlement (the preserved notional entitlement) in relation to that matter under the preserved notional term.

 (2) If:
 (a) the preserved notional term is about a matter referred to in paragraph 45(1)(a), (b) or (c); and
 (b) the employee's preserved notional 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 notional entitlement has effect in accordance with the preserved notional term. Otherwise, the employee's entitlement under the Australian Fair Pay and Conditions Standard has effect.

Note: See clause 47 for the meaning of more generous.

 (3) If:
 (a) the preserved notional term is about a matter referred to in paragraph 45(1)(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 notional term is about a matter referred to in paragraph 45(1)(d), (e), (f) or (g);
the employee's preserved notional entitlement has effect in accordance with the preserved notional term.

Note: Preserved notional terms about matters referred to in paragraph 45(1)(g) cease to have effect at the end of 30 June 2008—see subclause 45(3).