Document ID: chunk:federal_register_of_legislation:F2024C00355:reg:13g:p2
Version: federal_register_of_legislation:F2024C00355
Segment Type: reg
Provision Reference: reg 13G (pt 2/2)
Character Range: 65746–68250

was employed in immediately before the modern award came into operation; and
 (d) the amount of the employee's take‑home pay for working particular hours, or for a particular quantity of work, after the order varying the modern award comes into operation is less than what would have been the employee's take‑home pay for those hours, or that quantity of work, immediately before the award came into operation; and
 (e) the reduction in the employee's take‑home pay is attributable to the order varying the modern award.
 (5) An outworker who is not an employee suffers a modernisation‑related reduction in take‑home pay if:
 (a) FWA made an order varying a modern award; and
 (b) the modern award contains outworker terms and the outworker is a person to whom the outworker terms apply; and
 (c) the modern award:
 (i) starts to apply to the outworker when the award comes into operation; or
 (ii) starts to apply to the outworker when the order varying the award comes into operation; and
 (d) the outworker is performing the same work as (or work that is similar to) the work he or she was performing immediately before the modern award came into operation; and
 (e) the amount of the outworker's take‑home pay for working particular hours, or for a particular quantity of work, after the order varying the modern award comes into operation is less than what would have been the outworker's take‑home pay for those hours, or that quantity of work, immediately before the award came into operation; and
 (f) the reduction in the outworker's take‑home pay is attributable to the order varying the modern award.' ; and
 (c) replacing 'modernisation process.' in item 9A with 'modernisation process or an order varying a modern award within the meaning of subitem 8A(2).'

Part 3C—Transitional provisions for Schedule 6 to Act (modern enterprise awards)

3C.01  Modern enterprise award or transitional arrangements resulting in reduction in take‑home pay
 (1) This regulation is made for subitem 8(1) of Schedule 2 to the Act.
 (2) Item 2 of Schedule 2 to the Act is modified by:
 (a) replacing 'subitem 11(2)' in the definition of take‑home pay with 'subitems 11(2) and 16AA(2)'; and
 (b) replacing 'subitem 12(1)' in the definition of take‑home pay order, with 'subitems 12(1) and 16AB(1)'.
 (3) Schedule 6 to the Act is modified by inserting the following Division after Division 3 of Part 2.
'Division 3A—Avoiding reductions in take‑home pay from modern enterprise award or transitional arrangements