Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 349

             (1)  An award has no effect in relation to an employee while a workplace agreement operates in relation to the employee.

             (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.