Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:16_62
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 16 cl 62
Character Range: 555543–558234

62                                            15(2)                                                                                                                                                                                                                                                                                 (a) a transferring transitional employee;                                                                                                                                    (a) the Federal Court;                                               60 penalty units
                                                                                                                                                                                                                                                                                                                                    (b) an employee organisation;                                                                                                                                                (b) the Federal Circuit and Family Court of Australia (Division 2)
                                                                                                                                                                                                                                                                                                                                    (c) an inspector

Outworkers
(2) For the purposes of table items 38, 39, 40, 40A, 44A, 44B, 44C, 44D, 48, 60 and 61 in subitem (1), and the operation of subsections 540(3) and (4) of the FW Act in relation to those table items:
 (a) outworker has the meaning given by the FW Act; and
 (b) outworker term has the meaning that would be given by section 140 of the FW Act if:
 (i) references in the section to a modern award were references to an award‑based transitional instrument, a Division 2B State award or a continuing Schedule 6 instrument; and
 (ii) paragraph 140(3)(b) of that Act did not refer to subsection 142(1); and
 (iii) paragraph 140(3)(c) of that Act did not refer to subsection 142(2).
(3) Section 570 of the FW Act applies in relation to proceedings that relate to any of items 2 to 8 or 10 to 15 of this Schedule as if the reference to this Act (being the FW Act) were a reference to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
(4) Section 571 of the FW Act applies as if the reference to a pecuniary penalty imposed under this Act (being the FW Act) were a reference to a pecuniary penalty imposed in relation to any of items 2 to 8 or 10 to 15 of this Schedule.