Interpretation of applied provisions
406ZZF Interpretation of applied provisions
An applied provision applies for a provision of this chapter, or a stated purpose, as if a reference in the applied provision to a term stated in column 1 of the table below were a reference to the term stated opposite in column 2—
| Column 1 | Column 2 |
| an employer | a principal contractor |
| an employee | an independent courier |
| a modern award | a contract determination |
| a certified agreement or bargaining instrument | a negotiated agreement |
| a proposed certified agreement or proposed bargaining instrument | a proposed negotiated agreement |
| an industrial instrument | a contract instrument |
| a negotiating party for a proposed certified agreement or proposed bargaining instrument | a negotiating party under section 406A for a proposed negotiated agreement |
| an employer organisation that is, or is to be, a party to an industrial instrument | an employer organisation or federal organisation of employers that is, or is to be, a party to a contract instrument |
| an employee organisation that is, or is to be, a party to an industrial instrument | an employee organisation or federal organisation of employees that is, or is to be, a party to a contract instrument |
For a provision of this chapter that relates to a negotiated agreement or a proposed negotiated agreement, the applied provision applies as if—
there were a peace obligation period for the negotiations and the period had ended; and
a reference to the requirement under section 173 to negotiate in good faith were a reference to the requirement to negotiate in good faith under section 406Z; and
a reference to the proposed bargaining instrument being certified or made by the commission under chapter 4, part 5 were a reference to the proposed negotiated agreement being certified under part 4, division 3.
For a provision of this chapter that relates to work of equal or comparable value, the applied provision applies as if a reference to remuneration included the fees, allowances and other amounts payable, or other benefits made available, to an independent courier under a courier service contract.
Without limiting subsection (1), (2) or (3)—
a reference in an applied provision to another provision that applies for this chapter is a reference to the other provision as it applies for this chapter; and
an applied provision also applies with other necessary changes.
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