Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_346c
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 346C
Character Range: 10942–12039

346C  When protected award conditions apply to an employee

 (1) For the purposes of this Division, protected award conditions apply to an employee whose employment is subject to a workplace agreement:
 (a) if, but for that workplace agreement, a previous workplace agreement or another industrial instrument, the protected award conditions would have effect in relation to the employment of the employee under a relevant award in relation to the employee; or
 (b) in a case where there is no relevant award in relation to the employee—if, assuming that the employee's employer was bound by a designated award in relation to the employee, the protected award conditions would have effect in relation to the employment of the employee but for the workplace agreement, a previous workplace agreement or another industrial instrument.

 (2) Protected award conditions that apply to an employee because of the operation of paragraph (1)(b) are not taken, for the purposes of paragraph 354(1)(b), to be protected award conditions that would have effect in relation to the employment of the employee.