Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 306N

When alternative protected rate of pay order comes into force

  (1)   An alternative protected rate of pay order comes into force:

  (a)   if the order is made before the regulated labour hire arrangement order to which the order relates comes into force:

  (i)   on the day the regulated labour hire arrangement order comes into force; or

  (ii)   on a later day specified in the alternative protected rate of pay order; or

  (b)   otherwise--on the day the alternative protected rate of pay order is made, or on a later day specified in the order.

Effect of alternative protected rate of pay order

  (2)   If:

  (a)   a regulated labour hire arrangement order is in force that covers a regulated host, an employer and work performed by a regulated employee of the employer; and

  (b)   an alternative protected rate of pay order is made in relation to the regulated labour hire arrangement order;

then:

  (c)   the alternative protected rate of pay order applies in relation to so much of the work as is performed during the period that the alternative protected rate of pay order is in force; and

  (d)   during that period, the alternative protected rate of pay order has effect despite section   306F (protected rate of pay payable to employees if a regulated labour hire arrangement order is in force), and despite any provision of the following that provides for a lower rate of pay than that worked out in accordance with the order:

  (i)   a fair work instrument that applies to the regulated employee;

  (ii)   a covered employment instrument (other than a fair work instrument) that applies to the regulated employee;

  (iii)   the regulated employee's contract of employment.

Person must not contravene an alternative protected rate of pay order

  (3)   A person must not contravene a term of an alternative protected rate of pay order.

Note:   This subsection is a civil remedy provision (see Part   4 - 1).