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

31   FW Act enterprise agreements and workplace determinations, and award-based transitional instruments

If an enterprise agreement or workplace determination (under the FW Act) applies to an employee, or an employer or other person in relation to the employee, then:

(a) an award-based transitional instrument ceases to apply to the employee, and the employer or other person in relation to the employee; but

(b) the award-based transitional instrument can (subject to the other provisions of this Part) continue to cover the employee, and the employer or other person in relation to the employee.

Note: Subject to the other provisions of this Part, the award-based transitional instrument can again start to apply to the employee, and the employer or other person in relation to the employee, if the enterprise agreement or workplace determination (under the FW Act) ceases to apply to the employee.