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

5A   Transitional instruments continue to be subject to the same State and Territory interaction rules

(1) The same State and Territory 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) State and Territory 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) an instrument prevails over, or excludes, a law of a State or Territory; or

(b) an instrument has effect subject to a law of a State or Territory.

Note: Most of the State and Territory interaction rules were in the WR Act.