Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (55 of 2009)

Schedule 2   Overarching Schedule about transitional matters

Part 1   Interpretation of the transitional Schedules

2   The dictionary

In the transitional Schedules:

AFPCS interaction rules : see subitem 22(4) of Schedule 3.

agreement-based transitional instrument : see subitem 2(5) of Schedule 3.

applies , in relation to a transitional instrument: see subitem 3(2) of Schedule 3.

award-based transitional instrument : see subitem 2(5) of Schedule 3.

bridging period means the period:

(a) starting on the WR Act repeal day; and

(b) ending immediately before the FW (safety net provisions) commencement day.

collective agreement-based transitional instrument : see subitem 2(5) of Schedule 3.

conditional termination , in relation to an individual agreement-based transitional instrument: see subitem 18(1) of Schedule 3.

continued AFPCS wages provisions : see subitem 5(1) of Schedule 9.

continued Schedule 6 : see subitem 1(1) of Schedule 20.

continuing Schedule 6 instruments : see subitem 1(2) of Schedule 20.

covers :

(a) in relation to a transitional instrument: see subitem 3(1) of Schedule 3; and

(b) in relation to a transitional minimum wage instrument: see item 6 of Schedule 9.

enterprise award-based instrument : see subitem 2(2) of Schedule 6.

enterprise instrument : see subitem 2(1) of Schedule 6.

enterprise instrument modernisation process : see subitem 4(1) of Schedule 6.

enterprise preserved collective State agreement : see subitem 2(3) of Schedule 6.

FW Act : see item 3 of this Schedule.

FW (safety net provisions) commencement da y means the day on which Parts 2-2, 2-3 and 2-6 of the FW Act commence.

individual agreement-based transitional instrument : see subitem 2(5) of Schedule 3.

instrument content rules : see subitem 4(2) of Schedule 3.

instrument interaction rules : see subitem 5(2) of Schedule 3.

lodged :

(a) in relation to a workplace agreement - means lodged with the Workplace Authority Director under section 344 of the WR Act; and

(b) in relation to a variation of a workplace agreement - means lodged with the Workplace Authority Director under section 346N or 377 of the WR Act, as the case may be; and

(c) in relation to a termination of a workplace agreement - means lodged with the Workplace Authority Director under section 389 of the WR Act.

made :

(a) in relation to a workplace agreement - has the meaning given by section 333 of the WR Act; and

(b) in relation to a variation of a workplace agreement - has the meaning given by section 368 of the WR Act.

modern enterprise award : see subitem 4(2) of Schedule 6.

modern enterprise awards objective : see subitem 6(2) of Schedule 6.

modernisation-related reduction in take-home pay :

(a) in relation to the Part 10A award modernisation process - see subitems 8(3) and (4) of Schedule 5; and

(b) in relation to the enterprise instrument modernisation process - see subitem 11(3) of Schedule 6.

modify includes make additions, omissions and substitutions.

Part 10A award modernisation process : see subitem 2(1) of Schedule 5.

part of a single enterprise : see subitem 3(4) of Schedule 6.

single enterprise : see item 3 of Schedule 6.

State and Territory interaction rules : see subitem 5A(2) of Schedule 3.

take-home pay : see subitem 8(2) of Schedule 5 and subitem 11(2) of Schedule 6.

take-home pay order : see subitems 9(1) and (2) of Schedule 5 and subitem 12(1) of Schedule 6.

this Act includes the regulations.

transitional APCS : see subitem 5(3) of Schedule 9.

transitional default casual loading : see subitem 5(3) of Schedule 9.

transitional instrument : see subitems 2(3) and (4) of Schedule 3.

transitional minimum wage instrument : see subitem 5(3) of Schedule 9.

transitional national minimum wage order : see subitem 12(2) of Schedule 9.

transitional Schedules : see item 1 of this Schedule.

transitional special FMW : see subitem 5(3) of Schedule 9.

transitional standard FMW : see subitem 5(3) of Schedule 9.

unlodged collective agreement means a collective agreement that, as at the WR Act repeal day, has not been lodged.

unlodged termination , in relation to a workplace agreement, means a termination of a workplace agreement approved in accordance with section 386 of the WR Act, but not lodged as at the WR Act repeal day.

unlodged variation , in relation to a workplace agreement, means a variation of the workplace agreement under Division 8 of Part 8 of the WR Act approved in accordance with section 373 of the WR Act, but not lodged as at the WR Act repeal day.

workplace agreement that operates from approval means a workplace agreement to which Subdivision C of Division 5A of Part 8 of the WR Act applies (see subsection 346K(1) of that Act).

WR Act : see item 3 of this Schedule.

WR Act instrument : see subitem 2(2) of Schedule 3.

WR Act repeal means the commencement of Schedule 1.

WR Act repeal day means the day on which the WR Act repeal commences.