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

Schedule 3   Continued existence of awards, workplace agreements and certain other WR Act instruments

Part 3   Variation and termination of transitional instruments

11   All kinds of transitional instrument: variation on referral by HREOC

(1) This item applies if a transitional instrument is referred to FWA under section 46PW of the Human Rights and Equal Opportunity Commission Act 1986 (which deals with discriminatory industrial instruments).

(2) If the instrument is an award-based transitional instrument, section 161 of the FW Act applies in relation to the referral of the instrument as if the instrument were a modern award.

(3) If the transitional instrument is an agreement-based transitional instrument, section 218 of the FW Act applies in relation to the referral of the instrument as if the instrument were an enterprise agreement.