3A.01A Modification of Act—relevant inst3A.01A Modification of Act—relevant instrument

#### 3A.01A Modification of Act—relevant instrument For subitem 8(1) of Schedule 2 to the Act, Schedule 3A to the Act is modified by substituting the following for subitems 30A(6) and (7): ‘(6) A term of a modern award, enterprise agreement or order of FWA (a relevant instrument) is of no effect to the extent that: (a) 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 (b) 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 mentioned in paragraph (a). (7) 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 mentioned in paragraph (6)(a).’.