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 2   Continued existence of WR Act instruments as transitional instruments

4   Transitional instruments continue to be subject to the same instrument content rules

(1) The same instrument content rules that applied in relation to WR Act instruments of a particular kind immediately before the WR Act repeal day continue to apply in relation to instruments of that kind that become transitional instruments.

Note: Certain instrument content rules relating to the standing down of employees do not continue to apply in relation to WR Act instruments that become transitional instruments (see item 3 of Schedule 15).

(2) Instrument content rules are provisions of a law of the Commonwealth, as in force immediately before the WR Act repeal day, of any of the following kinds:

(a) provisions about what may, must or must not be included in an instrument;

(b) provisions to the effect that a particular term of an instrument is of no effect (however described):

(i) either completely or to a limited extent; and

(ii) either permanently or for a limited period;

(c) provisions to the effect that a particular term is taken to be included in an instrument.

Note: Most of the instrument content rules were in the WR Act.