Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_28
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 28
Character Range: 79271–80047

28  At the end of clause 89 of Schedule 6
Add:

 (3) If:
 (a) a workplace agreement binds an employer and employees; and
 (b) immediately before the day on which the workplace agreement was lodged, a common rule had the effect of regulating employers in respect of the employment of their employees;
then, Division 5A of Part 8 of this Act (which deals with the fairness test) has effect in relation to that workplace agreement as if:
 (c) a reference in that Division to a relevant award included a reference to a common rule that has effect, or continues to have effect, because of this Subdivision; and
 (d) the definition of instrument in subsection 346Y(5) included a reference to a common rule that has effect, or continues to have effect, because of this Subdivision.