Document ID: chunk:federal_register_of_legislation:C2004A01222:clause:4_4
Version: federal_register_of_legislation:C2004A01222
Segment Type: clause
Provision Reference: sch 4 cl 4
Character Range: 55153–56339

4  After subsection 541(4)
Insert:

 (5) If:
 (a) both of these conditions are satisfied:
 (i) the contract outworker or other individual is subject to one or more terms of an award that are common rules under Division 5 of Part VI;
 (ii) that term or those terms provide for him or her to be entitled to be paid an amount for performing the work; or
 (b) in a case where paragraph (a) does not apply—both of the conditions mentioned in that paragraph would be satisfied, if he or she had performed the work as an employee in or about any premises in Victoria;
the statutory amount owed to him or her is the greater of the following amounts:
 (c) the amount mentioned in subparagraph (a)(ii);
 (d) the amount that would have been worked out under subsection (3) in relation to his or her performance of the work, if this subsection did not operate.

Example: The term of an award that is a common rule under Division 5 of Part VI provides for a contract worker to be paid an amount for the work that is higher than the amount worked out in accordance with clause 1 of Schedule 1A. Therefore, the statutory amount owed to the worker is the amount provided for by the term of the award.