WORKPLACE RELATIONS ACT 1996 - SECT 346E Reference instruments etc.

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 346E

             (1)  A reference instrument is:

                     (a)  in relation to an employee whose employment is subject to an ITEA:

                              (i)  any relevant collective instrument; or

                             (ii)  any relevant collective instrument and any relevant general instrument, to the extent that the instruments operate concurrently; or

                            (iii)  if there is no relevant collective instrument--any relevant general instrument; or

                            (iv)  if there is no relevant collective instrument or relevant general instrument--any designated award;

                            for the employee; or

                     (b)  in relation to employees whose employment is subject to a collective agreement:

                              (i)  any relevant general instrument; or

                             (ii)  if there is no relevant general instrument--any designated award;

                            for one or more of the employees.

             (2)  A relevant collective instrument , for an employee whose employment is subject to a workplace agreement, is an instrument of a kind specified in subsection (3):

                     (a)  that regulates, or would but for an ITEA, pre‑reform AWA or AWA (within the meaning of Schedule 7A) having come into operation regulate, any term or condition of employment of persons engaged in the same kind of work as that performed or to be performed by the employee under the workplace agreement; and

                     (b)  that was binding, or would but for an ITEA, pre‑reform AWA or AWA (within the meaning of Schedule 7A) having come into operation have been binding, on the employee's employer immediately before the day on which the workplace agreement was lodged.

             (3)  The kinds of instruments for the purposes of subsection (2) are any of the following:

                     (a)  a collective agreement;

                     (b)  a pre‑reform certified agreement (within the meaning of Schedule 7);

                     (c)  an old IR agreement (within the meaning of Schedule 7);

                     (d)  a preserved collective State agreement (within the meaning of Schedule 8);

                     (e)  a workplace determination;

                      (f)  a section 170MX award (within the meaning of Schedule 7).

             (4)  A relevant general instrument , for an employee whose employment is subject to a workplace agreement, is an instrument of a kind specified in subsection (5):

                     (a)  that regulates, or would but for a workplace agreement or another industrial instrument having come into operation regulate, any term or condition of employment of persons engaged in the same kind of work as that performed or to be performed by the employee under the workplace agreement; and

                     (b)  that was binding, or would but for a workplace agreement or another industrial instrument having come into operation have been binding, on the employee's employer immediately before the day on which the workplace agreement was lodged.

             (5)  The kinds of instruments for the purposes of subsection (4) are any of the following:

                     (a)  an award;

                     (b)  a common rule in operation under Schedule 6;

                     (c)  a transitional Victorian reference award (within the meaning of Part 7 of Schedule 6);

                     (d)  a transitional award (within the meaning of Schedule 6), other than a Victorian reference award (within the meaning of that Schedule), to the extent that the award regulates excluded employers in respect of the employment of employees in Victoria;

                     (e)  a notional agreement preserving State awards (within the meaning of Schedule 8).