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

5   Transitional instruments continue to be subject to the same instrument interaction rules

(1) The same instrument interaction 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.

(2) Instrument interaction rules are provisions of a law of the Commonwealth, as in force immediately before the WR Act repeal day, the effect of which is that:

(a) one instrument has priority over, or excludes, another instrument:

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

(ii) either permanently or for a particular period; or

(b) one instrument ceases to operate because of another instrument:

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

(ii) either permanently or for a particular period.

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