Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:15_44
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 15 cl 44
Character Range: 1097105–1097796

44  Matters provided for by the Australian Fair Pay and Conditions Standard

  Subject to Division 5 of this Schedule, if the Australian Fair Pay and Conditions Standard makes provision for a matter, then a term (other than a preserved notional term) of the notional agreement that also deals with that matter is unenforceable.

Note 1: See section 90ZD (deeming there to be a preserved APCS if rate provisions are contained in a pre‑reform wage instrument).

Note 2: See also section 90ZC (deeming APCS rates to at least equal FMW rates after the first exercise of powers under Division 2 of Part VA by the AFPC).

Division 5—Preserved notional terms and preserved notional entitlements