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 5   Transitional instruments and the FW Act

Division 1   Interaction between transitional instruments and the National Employment Standards

26   Resolving difficulties about application of this Division

(1) On application by a person covered by a transitional instrument, FWA may make a determination varying the transitional instrument:

(a) to resolve an uncertainty or difficulty relating to the interaction between the instrument and the National Employment Standards; or

(b) to make the instrument operate effectively with the National Employment Standards.

(2) A variation of a transitional instrument operates from the day specified in the determination, which may be a day before the determination is made.