Sch 1 s 3Effect on TCF contract outworker’s entitlements

3 Effect on TCF contract outworker’s entitlements

Accrued entitlements not affected

(1) 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

(2) To avoid doubt, if:

(a) 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

(b) 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.