Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:4_4
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 4 cl 4
Character Range: 1221701–1224060

4  Operation of awards in force before commencement

(1) In this item:
award means an award within the meaning of subsection 4(1) of the Workplace Relations Act 1996 as in force immediately before the reform commencement.
eligible entity has the same meaning as in Division 6A of Part VI of the amended Act.
employee has the meaning given by subsection 4AA(1) of the amended Act.
employer has the meaning given by subsection 4AB(1) of the amended Act.
outworker term has the same meaning as in Division 6A of Part VI of the amended Act.

(2) This item applies to an award (the original award) in force immediately before the reform commencement.

(3) The original award is taken to be replaced by an instrument (the pre‑reform award) in the same terms as the original award that, on and from the reform commencement, has effect under the Workplace Relations Act 1996 and binds the following:
 (a) each employer that was bound immediately before the reform commencement by the original award;
 (b) each organisation that was bound immediately before the reform commencement by the original award;
 (c) each employee of an employer referred to in paragraph (a), in relation to the employee's employment by the employer, to the extent that the original award regulates work performed by the employee;
 (d) each eligible entity that was bound immediately before the reform commencement by the original award, but only in relation to outworker terms.

(4) To avoid doubt, the pre‑reform award binds an employer or eligible entity that was bound by the original award immediately before the reform commencement, whether the employer or eligible 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) or (e) of the Workplace Relations Act 1996, as in force immediately before the reform commencement.

(5) To avoid doubt, if the original award bound an employer, an eligible entity or an organisation as a common rule under paragraph 149(1)(e), the pre‑reform award is, to the extent that the pre‑reform award binds that employer, eligible entity or organisation, subject to any conditions, exceptions or limitations to which the original award was subject because of the operation of section 141 of the Workplace Relations Act 1996 as in force immediately before the reform commencement.