Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_32
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 32
Character Range: 80916–81946

32  At the end of clause 102 of Schedule 6
Add:

 (2) If:
 (a) a workplace agreement binds an employer and employees; and
 (b) immediately before the day on which the workplace agreement was lodged, a transitional award (other than a Victorian reference award) regulated the employer, being an excluded employer, in respect of the employment of employees in Victoria;
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 transitional award (other than a Victorian reference award) to the extent that the award regulates excluded employers in respect of the employment of employees in Victoria; and
 (d) the definition of instrument in subsections 346Y(5) and 346YA(5) included a reference to a transitional award (other than a Victorian reference award) to the extent that the award regulates excluded employers in respect of the employment of employees in Victoria.