Modification of Schedule 3 to Act—relevant instrument
3.03G Modification of Schedule 3 to Act—relevant instrument
For subitem 8(1) of Schedule 2 to the Act, Schedule 3 to the Act is modified by substituting the following for subitems 43(8) and (9):
‘(8) A term of a modern award, enterprise agreement or order of FWA (a relevant instrument) is of no effect to the extent that:
an employee is entitled to be paid by an employer a base rate of pay under the transitional pay equity order in respect of a particular period; and
the term of the relevant instrument requires the employer to pay a base rate of pay, in respect of that period, that is less than the base rate of pay referred to in paragraph (a).
However, to avoid doubt, a term of a relevant instrument continues to have effect to the extent that it requires an employer to pay a base rate of pay, in respect of a period, that is equal to or more than the base rate of pay referred to in paragraph (8)(a).’.
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