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 5   Transitional instruments and the FW Act

Division 2   Interaction between transitional instruments and FW Act modern awards, enterprise agreements and workplace determinations

29   Modern awards and award-based transitional instruments

Modern awards other than the miscellaneous modern award

(1) If a modern award (other than the miscellaneous modern award) that covers an employee, or an employer or other person in relation to the employee, comes into operation, then an award-based transitional instrument ceases to cover (and can never again cover) the employee, or the employer or other person in relation to the employee.

Note: A modern award cannot be expressed to cover an employee who is covered by a transitional instrument that is an enterprise instrument (see subsection 143(8) of the FW Act).

The miscellaneous modern award

(2) While an award-based transitional instrument that covers an employee, or an employer or other person in relation to the employee, is in operation, the miscellaneous modern award does not cover the employee, or the employer or other person in relation to the employee.

Outworker entities

(3) If a modern award (other than the miscellaneous modern award) that contains outworker terms that cover an outworker entity comes into operation, then outworker terms in an award-based transitional instrument cease to cover (and can never again cover) the outworker entity.

(4) While outworker terms in an award-based transitional instrument that is in operation cover an outworker entity, any outworker terms in the miscellaneous modern award do not cover the outworker entity.

(5) Outworker terms in an award-based transitional instrument are terms that would be outworker terms as defined in the FW Act if they were in a modern award.