Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Act 2012 (171 of 2012)
Schedule 4 Modern awards and enterprise agreements
Part 1 Amendments
Fair Work Act 2009
8 At the end of Schedule 1 to the Act
Add:
Part 2 - Amendments made by the Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Act 2012
8 Definitions
In this Part:
amended Act means this Act as amended by the Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Act 2012.
9 Application of sections 149A and155A of amended Act
Sections 149A and155A of the amended Act apply in relation to a modern award that is in operation on or after 1 January 2014, whether or not the award was made before that day.
10 FWA to vary certain modern awards
(1) This clause applies in relation to a modern award if the award:
(a) is made before 1 January 2014; and
(b) is in operation on that day; and
(c) immediately before that day, does not include a term (the relevant term ) of the kind mentioned in section 149A of the amended Act.
(2) FWA must, by 31 December 2013, make a determination varying the modern award to include the relevant term.
(3) A determination made under subclause (2) comes into operation on (and takes effect from)1 January 2014.
(4) Section 168 applies to a determination made under subclause (2) as if it were a determination made under Part 2-3.
11 FWA to update text of certain modern awards
(1) This clause applies in relation to a modern award if the award:
(a) is made before 1 January 2014; and
(b) is in operation on that day; and
(c) immediately before that day, includes a term (the relevant term ) of the kind mentioned in section 155A of the amended Act that specifies a fund or scheme (a non-complying fund or scheme ) that does not satisfy paragraph (1)(a) or (b) of that section.
(2) FWA must ensure that the text of the modern award as published by FWA does not include a non-complying fund or scheme in the relevant term.
(3) FWA must do so by1 January 2014 (despite section 155A of the amended Act).
12 Application of paragraph 194(h) of amended Act
Paragraph 194(h) of the amended Act applies in relation to an enterprise agreement that is approved by FWA on or after 1 January 2014.