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 2   Continued existence of WR Act instruments as transitional instruments

2   WR Act instruments that continue in existence as transitional instruments

(1) Each WR Act instrument (see subitem (2)) that becomes a transitional instrument (see subitems (3) and (4)) continues in existence in accordance with this Schedule from when it becomes a transitional instrument, despite the WR Act repeal.

Note: In addition to provisions of this Schedule, the following other provisions affect the continued existence of transitional instruments:

(a) Part 2 of Schedule 5 (which deals with the WR Act award modernisation process);

(b) Division 2 of Part 2 of Schedule 6 (which deals with the enterprise instrument modernisation process);

(c) Schedule 8 (which deals with workplace agreements and workplace determinations made under the WR Act, including the making of ITEAs during the bridging period);

(d) Schedule 11 (which deals with transfer of business);

(e) Part 3 of Schedule 2 (which deals with conduct before the WR Act repeal day).

(2) Each of the following instruments is a WR Act instrument :

(a) an award;

(b) a notional agreement preserving State awards;

(c) a workplace agreement;

(d) a workplace determination;

(e) a preserved State agreement;

(f) an AWA;

(g) a pre-reform certified agreement;

(h) a pre-reform AWA;

(i) an old IR agreement;

(j) a section 170MX award.

Note 1: Workplace agreements are either collective agreements or ITEAs.

Note 2: Preserved State agreements are either preserved collective State agreements or preserved individual State agreements.

Note 3: For transitional provisions relating to Division 2 of Part 7 of the WR Act (which deals with wages), see Schedule 9.

Note 4: For transitional provisions relating to Schedule 6 to the WR Act (which deals with transitional awards etc.), see Schedule 20.

(3) The following WR Act instruments become transitional instruments on the WR Act repeal day:

(a) each WR Act instrument that was in operation immediately before the WR Act repeal day;

(b) each workplace agreement or workplace determination made before the WR Act repeal day but that had not yet come into operation by that day;

(c) any other WR Act instrument that, although not in operation immediately before the WR Act repeal day, could come into operation after that day because of an instrument interaction rule.

(4) If an ITEA is made during the bridging period under Division 7 of Part 2 of Schedule 8, the ITEA becomes a transitional instrument when it is made.

(5) Transitional instruments are classified as follows:

(a) awards, and notional agreements preserving State awards, are award-based transitional instruments ;

(b) all other kinds of transitional instruments are agreement-based transitional instruments ;

(c) agreement-based transitional instruments of the following kinds are collective agreement-based transitional instruments :

(i) collective agreements;

(ii) workplace determinations;

(iii) preserved collective State agreements;

(iv) pre-reform certified agreements;

(v) old IR agreements;

(vi) section 170MX awards;

(d) agreement-based transitional instruments of the following kinds are individual agreement-based transitional instruments :

(i) ITEAs;

(ii) preserved individual State agreements;

(iii) AWAs;

(iv) pre-reform AWAs.