12Interaction of enforceable instruments with other Commonwealth instruments (employees)

12 Interaction of enforceable instruments with other Commonwealth instruments (employees)

(1) A term of a modern award, an enterprise agreement, an FWC order or a transitional instrument has no effect in relation to a road transport driver to whom an enforceable instrument applies to the extent that the award, agreement, order or instrument is less beneficial to the driver than a term of the enforceable instrument. (2) In this Act:

enterprise agreement means an enterprise agreement made under the Fair Work Act 2009.

FWC order means an order of the Fair Work Commission made under the Fair Work Act 2009.

transitional instrument means a transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.