Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_4
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 4
Character Range: 902185–904226

4  Continuing operation of awards in force before reform commencement

 (1) Despite the repeals and amendments made by the Workplace Relations Amendment (Work Choices) Act 2005, an award in force immediately before the reform commencement continues in force, on and from the reform commencement, in accordance with this clause.

 (2) An award that is continued in force by this clause binds the following:
 (a) all excluded employers that were bound by the award immediately before the reform commencement;
 (b) any transitional employer bound by the award under Part 6A of this Schedule (transmission of business);
 (c) all organisations that were bound by the award immediately before the reform commencement;
 (d) all employees who, immediately before the reform commencement, were members of organisations that were bound by the award;
 (e) each other entity that:
 (i) is not an employer within the meaning of subsection 4AB(1) or an eligible entity within the meaning of Division 6A of Part VI; and
 (ii) was bound by the award immediately before the reform commencement;
  but only in relation to outworker terms.

 (3) To avoid doubt, an award that is continued in force by this clause binds an excluded employer or other entity that was bound by the award immediately before the reform commencement, whether the employer or other entity was bound:
 (a) in its own right or as a member of an organisation; or
 (b) because of the operation of paragraph 149(1)(d), as in force immediately before the reform commencement.

Note: Clause 69 provides for who is bound by an order varying a transitional award.

 (4) An award that is continued in force by this clause is called a transitional award.

 (5) In this clause:

outworker term means a term of a transitional award that is:
 (a) about the matter referred to in paragraph 17(1)(q); or
 (b) incidental to such a matter, and included in the award as permitted by clause 24; or
 (c) a machinery provision in respect of such a matter included in the award as permitted by clause 24.