Effect on TCF contract outworker’s entitlements
3 Effect on TCF contract outworker’s entitlements
Accrued entitlements not affected
The amendments made by the amending Act do not affect any entitlement that a TCF contract outworker had accrued before commencement.
Effect of modern award term requiring National Employment Standards to be applied to TCF contract outworker
To avoid doubt, if:
a term of a modern award requires the principal of a TCF contract outworker to apply the National Employment Standards to the outworker as if the outworker were an employee; and
because of Division 2 of Part 6‑4A of the amended Act, the outworker is taken to be an employee (being a national system employee) of the principal for the purposes of Part 2‑2 of the amended Act (the National Employment Standards);
then, to the extent that the term gives the outworker an entitlement that is the same as an entitlement (the NES entitlement) of the outworker (as a national system employee) under the National Employment Standards, the term operates in parallel with the outworker’s NES entitlement, but not so as to give the outworker a double benefit.
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