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

8   Certain transitional instruments displace certain Commonwealth laws

(1) To the extent of any inconsistency, the following transitional instruments displace prescribed conditions of employment specified in a Commonwealth law that is prescribed by the regulations:

(a) a workplace agreement;

(b) a pre-reform certified agreement;

(c) an AWA;

(d) a pre-reform AWA.

(2) In subitem (1):

Commonwealth law means an Act or any regulations or other instrument made under an Act.

prescribed conditions means conditions that are identified by the regulations.

(3) If, immediately before the WR Act repeal day, regulations made under section 350 of the WR Act, or that continued to apply under subclause 2(2) or 17(2) of Schedule 7 to the WR Act:

(a) identified a condition as a prescribed condition in relation to an instrument referred to in paragraph (1)(a), (b), (c) or (d); or

(b) prescribed an Act or any regulations or other instrument made under an Act as a Commonwealth law in relation to such an instrument;

those regulations continue to have effect on and after that day as if made for the purposes of this item.

(4) Subitem (3) has effect subject to any regulations made for the purposes of subitem (1) or (2).