Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3a_43
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3A cl 43
Character Range: 175171–176105

43  Modern awards and Division 2B State awards

Employees and employers
(1) While a Division 2B State award that covers an employee, or an employer or other person in relation to the employee, is in operation, a modern award does not cover the employee, or the employer or other person in relation to the employee.
Note: When the Division 2B State award terminates, a modern award will start to cover the employee, or the employer or other person in relation to the employee.

Outworker entities
(2) While a Division 2B State award that contains outworker terms that cover an outworker entity is in operation, outworker terms in a modern award do not cover the outworker entity.
Note: When the Division 2B State award terminates, a modern award will start to cover the outworker entity.
(3) Outworker terms in a Division 2B State award are terms that would be outworker terms as defined in the FW Act if they were in a modern award.