Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_346h
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 346H
Character Range: 25962–26991

346H  Protected award conditions and designated awards—deemed exclusion or modification

 (1) For the purposes of paragraphs 346E(1)(d) and 346F(1)(d), an AWA is taken to exclude or modify one or more protected award conditions that apply to an employee under a designated award in relation to the employee if the condition or conditions:
 (a) do not have effect in relation to the employee under the AWA; or
 (b) have a different effect in relation to the employee than they would have under the designated award.

 (2) For the purposes of paragraphs 346E(2)(c) and 346F(2)(c), a collective agreement is taken to exclude or modify one or more protected award conditions that apply to an employee or employees under a designated award in relation to the employee or employees if the condition or conditions:
 (a) do not have effect in relation to the employee or employees under the collective agreement; or
 (b) have a different effect in relation to the employee or employees than they would have under the designated award.