Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:1_4b
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 1 cl 4B
Character Range: 61737–62803

4B  At the end of section 349
Add:

 (2) Despite subsection (1), if:
 (a) a person's employment is subject to a workplace agreement; and
 (b) but for the workplace agreement, an award would have effect in relation to the person's employment;
the terms of the award have effect to the extent that they are about outworker conditions, despite any terms of the workplace agreement that provide, in a particular respect, a less favourable outcome for that person.

 (3) In this section:

outworker means an employee who, for the purposes of the business of the employer, performs work at private residential premises or at other premises that are not business or commercial premises of the employer.

outworker conditions means conditions (other than pay) for outworkers, but only to the extent necessary to ensure that their overall conditions of employment are fair and reasonable in comparison with the conditions of employment specified in a relevant award or awards for employees who perform the same kind of work at an employer's business or commercial premises.