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

20   Sunsetting rules for various transitional instruments

Notional agreements preserving State awards

(1) A notional agreement preserving State awards (other than a notional agreement that is an enterprise instrument) terminates:

(a) on the 4th anniversary of the FW (safety net provisions) commencement day; or

(b) if the regulations prescribe a later day - on that later day.

Division 3 pre-reform certified agreements

(2) If the employer in relation to a Division 3 pre-reform certified agreement is not a national system employer, the agreement terminates on the earlier of the following:

(a) 27 March 2011;

(b) when both of the following conditions are satisfied:

(i) the agreement has passed its nominal expiry date;

(ii) it has been replaced by a State employment agreement.

(3) However, if the employer becomes a national system employer before 27 March 2011, subitem (2) does not apply after that time.

Old IR agreements

(4) If the employer in relation to an old IR agreement is not a national system employer, the agreement terminates on the earlier of the following:

(a) 27 March 2011;

(b) when it has been replaced by a State employment agreement.

(5) However, if the employer becomes a national system employer before 27 March 2011, subitem (4) does not apply after that time.

Section 170MX awards

(6) If:

(a) the employer in relation to a section 170MX award is not a national system employer; and

(b) the section 170MX award:

(i) was in force just before 27 March 2006; or

(ii) was made on or after that day because of Part 8 of Schedule 7 to the WR Act;

the award terminates on the earlier of the following:

(c) 27 March 2011;

(d) when it has been replaced by a State employment agreement.

(7) However, if the employer becomes a national system employer before 27 March 2011, subitem (6) does not apply after that time.