Section 789DE — Fair Work Act 2009: Relationship between the TCF outwork code and other instruments

(1) A TCF award prevails over the TCF outwork code, to the extent of any inconsistency. (2) The TCF outwork code prevails over any of the following, to the extent of any inconsistency: (a) an enterprise agreement; (b) a workplace determination; (c) an agreement-based transitional instrument, as continued in existence by Schedule 3 to the Transitional Act. (3) Subject to subsection (5), the TCF outwork code may: (a) make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time; or (b) make provision to the effect that compliance with a specified term of an instrument or other writing as in force or existing from time to time is taken to satisfy a particular requirement of the code. (4) The kinds of instrument or other writing by reference to which the TCF outwork code may make provision as mentioned in subsection (3) include (but are not limited to) the following: (a) a TCF award; (b) a code (however described), dealing with matters relating to outworkers, that is made under a law of a State or Territory. (5) The TCF outwork code cannot make provision as mentioned in subsection (3) by reference to any of the following: (a) an enterprise agreement; (b) a workplace determination; (c) an agreement-based transitional instrument, as continued in existence by Schedule 3 to the Transitional Act. (6) Subsections (3) and (4) have effect despite subsection 14(2) of the Legislation Act 2003.