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

12   Awards: continued application of WR Act provisions about variation and revocation

(1) Subject to this item, Divisions 5 (other than subsections 554(1) to (4)) and 6 of Part 10 of the WR Act continue to apply on and after the WR Act repeal day in relation to transitional instruments that are awards as if references to the Commission were instead references to FWA.

Note: Items 10 and 11 apply instead of subsections 554(1) to (4) of the WR Act.

(2) FWA must perform its powers and functions under Divisions 5 and 6 in a way that furthers the objects of Part 10 of the WR Act.

(3) An award cannot be varied or revoked under Division 5 or 6 after the end of the bridging period, except as follows:

(a) an award can be varied after the end of the bridging period under section 553 of the WR Act;

(b) an award can be varied or revoked after the end of the bridging period as a result of FWA continuing to deal with a matter that it was dealing with before the end of the bridging period.