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 3   Other general provisions about how the FW Act applies in relation to transitional instruments

35   Guarantee of annual earnings

Division 3 of Part 2-9 of the FW Act (which deals with the guarantee of annual earnings) applies, on and after the FW (safety net provisions) commencement day, as if:

(a) a reference to an enterprise agreement included a reference to an agreement-based transitional instrument; and

(b) a reference to a modern award included a reference to an award-based transitional instrument and a transitional APCS.

Note: For provisions about transitional APCSs, see Schedule 9.