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 3   Variation and termination of transitional instruments

9   Transitional instruments can only be varied or terminated in limited circumstances

(1) A transitional instrument cannot be varied except under:

(a) a provision of this Part or the regulations; or

(b) item 26 (which deals with resolving difficulties with the interaction between transitional instruments and the National Employment Standards); or

(c) Part 2 of Schedule 5 (which deals with the WR Act award modernisation process); or

(d) Division 2 of Part 2 of Schedule 6 (which deals with the enterprise instrument modernisation process); or

(e) Schedule 8 (which deals with workplace agreements and workplace determinations made under the WR Act); or

(f) Schedule 11 (which deals with transfer of business); or

(g) Part 3 of Schedule 2 (which deals with conduct before the WR Act repeal day).

(2) A transitional instrument cannot be terminated (or otherwise brought to an end) except under:

(a) a provision of this Part or the regulations; or

(b) Part 2 of Schedule 5; or

(c) Division 2 of Part 2 of Schedule 6; or

(d) Schedule 8; or

(e) Schedule 11; or

(f) Part 3 of Schedule 2.

Note: The references in paragraphs (1)(a) and (2)(a) to a provision of this Part or the regulations includes a reference to a provision of the WR Act or the FW Act as it applies because of a provision of this Part.