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

36   Application of unfair dismissal provisions

Part 3-2 of the FW Act (which deals with unfair dismissal) applies, on and after the WR Act repeal day, as if:

(a) the reference in subparagraph 382(b)(i) and paragraph 389(1)(b) of that Act to a modern award included a reference to an award-based transitional instrument; and

(b) the reference in subparagraph 382(b)(ii) and paragraph 389(1)(b) of that Act to an enterprise agreement included a reference to an agreement-based transitional instrument.