Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

No. 55, 2009

Compilation No. 12

Compilation date: 7 December 2022

Includes amendments up to: Act No. 79, 2022

Registered: 7 December 2022

About this compilation

This compilation

This is a compilation of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 that shows the text of the law as amended and in force on 7 December 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to amend laws, and deal with transitional matters, in connection with the Fair Work Act 2009, and for other purposes

1Short title

This Act may be cited as the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

2Commencement

(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 4 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	25 June 2009
2. Schedules 1 to 5	The day on which Part 2‑4 of the Fair Work Act 2009 commences.	1 July 2009
3. Schedule 6, Parts 1 and 2	At the same time as the provision(s) covered by table item 2.	1 July 2009
4. Schedule 6, Part 3	Immediately after the commencement of Part 2‑3 of the Fair Work Act 2009.	1 January 2010
4A. Schedule 6A	At the same time as the provision(s) covered by table item 2.	1 July 2009
5. Schedules 7 to 21	At the same time as the provision(s) covered by table item 2.	1 July 2009
6. Schedule 22, items 1 to 90	At the same time as the provision(s) covered by table item 2.	1 July 2009
7. Schedule 22, item 91	Immediately after the commencement of the provisions covered by table item 8.	1 July 2009
8. Schedule 22, items 92 to 627	At the same time as the provision(s) covered by table item 2.	1 July 2009
9. Schedule 23, items 1 to 2E	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
10. Schedule 23, items 3 to 6	Immediately after the commencement of Part 2‑2 of the Fair Work Act 2009.	1 January 2010
11. Schedule 23, item 7	Immediately after the commencement of Part 2‑3 of the Fair Work Act 2009.	1 January 2010
12. Schedule 23, item 8	Immediately after the commencement of Part 2‑8 of the Fair Work Act 2009.	1 July 2009
13. Schedule 23, item 9	Immediately after the commencement of Division 1 of Part 2‑9 of the Fair Work Act 2009.	1 July 2009
13A. Schedule 23, items 9A and 9B	Immediately after the commencement of Part 3‑1 of the Fair Work Act 2009.	1 July 2009
14. Schedule 23, items 10 to 12	Immediately after the commencement of Part 3‑3 of the Fair Work Act 2009.	1 July 2009
15. Schedule 23, items 13 to 21	Immediately after the commencement of Part 4‑1 of the Fair Work Act 2009.	1 July 2009
15A. Schedule 23, item 21A	Immediately after the commencement of Part 6‑1 of the Fair Work Act 2009.	1 July 2009
15B. Schedule 23, items 21B and 21C	Immediately after the commencement of Part 6‑4 of the Fair Work Act 2009.	1 July 2009
16. Schedule 23, item 22	Immediately after the commencement of section 799 of the Fair Work Act 2009.	1 July 2009

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2)
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4Regulations

The Governor‑General may make regulations prescribing matters:
(a)
required or permitted by this Act to be prescribed; or
(b)
necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Schedule 1Repeals

Workplace Relations Act 1996

Sections 3 to 18

Repeal the sections.

Parts 2 to 23

Repeal the Parts.

Schedules 2 to 9

Repeal the Schedules.

Schedule 2Overarching Schedule about transitional mattersPart 1Interpretation of the transitional Schedules

What are the transitional Schedules?

The transitional Schedules are the following (including any regulations made for the purposes of any of the following):
(a)
this Schedule; and
(b)
Schedules 2 to 22, other than:
(i)
Part 3 of Schedule 6; and
(ii)
Parts 1, 2 and 3 of Schedule 17; and
(iii)
items 21 to 22 of Schedule 18; and
(iv)
Parts 1 to 8 of Schedule 22.

The dictionary

In the transitional Schedules:
affected employee of an employer: see subitem 43(6) of Schedule 3 and subitem 30A(4) of Schedule 3A.
AFPCS interaction rules: see subitem 22(4) of Schedule 3.
agreement‑based transitional instrument: see subitem 2(5) of Schedule 3.
applies:
(a)
in relation to a transitional instrument: see subitem 3(2) of Schedule 3; and
(b)
in relation to a Division 2B State award: see item 4 of Schedule 3A; and
(c)
in relation to a Division 2B State employment agreement: see item 6 of Schedule 3A.
award‑based transitional instrument: see subitem 2(5) of Schedule 3.
bridging period means the period:
(a)
starting on the WR Act repeal day; and
(b)
ending immediately before the FW (safety net provisions) commencement day.
collective agreement‑based transitional instrument: see subitem 2(5) of Schedule 3.
collective Division 2B State employment agreement: see subitem 5(5) of Schedule 3A.
collective State employment agreement: see subitem 2(6) of Schedule 3A.
common rule means a common rule within the meaning of clauses 82 to 87 of Schedule 6 to the WR Act (including those clauses as they continue to apply because of item 8A of Schedule 3).
conditional termination:
(a)
in relation to an individual agreement‑based transitional instrument: see subitem 18(1) of Schedule 3; and
(b)
in relation to an individual Division 2B State employment agreement: see subitem 25(1) of Schedule 3A.
continued AFPCS wages provisions: see subitem 5(1) of Schedule 9.
continued Schedule 6: see subitem 1(1) of Schedule 20.
continuing Schedule 6 instruments: see subitem 1(2) of Schedule 20.
covers:
(a)
in relation to a transitional instrument: see subitem 3(1) of Schedule 3; and
(b)
in relation to a transitional minimum wage instrument: see item 6 of Schedule 9; and
(c)
in relation to a Division 2B State award: see item 4 of Schedule 3A; and
(d)
in relation to a Division 2B State employment agreement: see item 6 of Schedule 3A.
Division 2A referring State: see subitem 2A(7) of Schedule 3.
Division 2A State reference employee: see subitem 2A(3A) of Schedule 3.
Division 2A State reference employer: see subitem 2A(4A) of Schedule 3.
Division 2A State reference transitional award: see subitem 2A(1A) of Schedule 3.
Division 2B enterprise award: see subitem 2(4) of Schedule 6.
Division 2B referral commencement: see subitem 2(4A) of Schedule 3.
Division 2B referring State: see subitem 2A(7) of Schedule 3.
Division 2B State award: see item 3 of Schedule 3A.
Division 2B State employment agreement: see item 5 of Schedule 3A.
Division 2B State instrument: see item 2 of Schedule 3A.
Division 2B State reference employee: see subitem 2A(3A) of Schedule 3.
Division 2B State reference employer: see subitem 2A(4A) of Schedule 3.
Division 2B State reference outworker entity: see subitem 4(3) of Schedule 3A.
Division 2B State reference transitional award: see subitem 2A(1A) of Schedule 3.
enterprise award‑based instrument: see subitem 2(2) of Schedule 6.
enterprise instrument: see subitem 2(1) of Schedule 6.
enterprise instrument modernisation process: see subitem 4(1) of Schedule 6.
enterprise preserved collective State agreement: see subitem 2(3) of Schedule 6.
Fair Work Australia or FWA means the body referred to in section 575 of the FW Act, as in force immediately before the commencement of Part 1 of Schedule 9 to the Fair Work Amendment Act 2012.
FWA: see Fair Work Australia.
FW Act: see item 3 of this Schedule.
FWA member has the same meaning as in the FW Act, as in force immediately before the commencement of Part 1 of Schedule 9 to the Fair Work Amendment Act 2012.
FW (safety net provisions) commencement da y means the day on which Parts 2‑2, 2‑3 and 2‑6 of the FW Act commence.
individual agreement‑based transitional instrument: see subitem 2(5) of Schedule 3.
individual Division 2B State employment agreement: see subitem 5(6) of Schedule 3A.
individual State employment agreement: see subitem 2(7) of Schedule 3A.
instrument content rules:
(a)
in Schedule 3: see subitem 4(2) of Schedule 3; and
(b)
in Schedule 3A: see subitem 10(2) of Schedule 3A.
instrument interaction rules:
(a)
in Schedule 3: see subitem 5(2) of Schedule 3; and
(b)
in Schedule 3A: see subitem 11(2) of Schedule 3A.
lodged:
(a)
in relation to a workplace agreement—means lodged with the Workplace Authority Director under section 344 of the WR Act; and
(b)
in relation to a variation of a workplace agreement—means lodged with the Workplace Authority Director under section 346N or 377 of the WR Act, as the case may be; and
(c)
in relation to a termination of a workplace agreement—means lodged with the Workplace Authority Director under section 389 of the WR Act.
made:
(a)
in relation to a workplace agreement—has the meaning given by section 333 of the WR Act; and
(b)
in relation to a variation of a workplace agreement—has the meaning given by section 368 of the WR Act.
modern enterprise award: see subitem 4(2) of Schedule 6.
modern enterprise awards objective: see subitem 6(2) of Schedule 6.
modernisation‑related reduction in take‑home pay:
(a)
in relation to the Part 10A award modernisation process—see subitems 8(3) and (4) of Schedule 5; and
(b)
in relation to the enterprise instrument modernisation process—see subitem 11(3) of Schedule 6; and
(c)
in relation to the State reference public sector transitional award modernisation process—has the meaning given by subitem 13(3) of Schedule 6A.
modify includes make additions, omissions and substitutions.
nominal expiry date, in relation to a Division 2B State employment agreement: see item 27 of Schedule 3A.
outworker interaction rules: see subitem 12(2) of Schedule 3A.
Part 10A award modernisation process: see subitem 2(1) of Schedule 5.
part of a single enterprise: see subitem 3(4) of Schedule 6.
referring State: see subitem 2A(7) of Schedule 3.
single enterprise: see item 3 of Schedule 6.
source agreement, in relation to a Division 2B State employment agreement: see subitem 5(1) of Schedule 3A.
source award, in relation to a Division 2B State award: see subitem 3(1) of Schedule 3A.
source State:
(a)
in relation to a Division 2B State award: see subitem 3(1) of Schedule 3A; and
(b)
in relation to a Division 2B State employment agreement: see subitem 5(1) of Schedule 3A.
State and Territory interaction rules: see subitem 5A(2) of Schedule 3.
State award: see item 2 of Schedule 3A.
State employment agreement: see item 2 of Schedule 3A.
State industrial body means a commission performing or exercising functions under a State industrial law, and includes a member of such a commission and a registrar or deputy registrar of such a commission.
State industrial law means a law of a State that is a State or Territory industrial law as defined in section 26 of the FW Act.
State minimum wages instruments: see item 19 of Schedule 9.
State reference common rule: see subitem 2A(2) of Schedule 3.
State reference employee: see subitem 2A(3) of Schedule 3.
State reference employer: see subitem 2A(4) of Schedule 3.
State reference public sector employee: see subitem 2(2) of Schedule 6A.
State reference public sector employer: see subitem 2(3) of Schedule 6A.
State reference public sector modern award: see subitem 3(2) of Schedule 6A.
State reference public sector modern awards objective: see subitem 7(2) of Schedule 6A.
State reference public sector transitional award: see subitem 2(1) of Schedule 6A.
State reference public sector transitional award modernisation process: see subitem 3(1) of Schedule 6A.
State reference transitional award: see subitem 2A(1) of Schedule 3.
State reference transitional award or common rule means a State reference transitional award or a State reference common rule.
take‑home pay: see subitem 31(2) of Schedule 3A, subitem 8(2) of Schedule 5, subitem 11(2) of Schedule 6 and subitem 13(2) of Schedule 6A.
take‑home pay order: see subitems 32(1) and (2) of Schedule 3A, subitems 9(1) and (2) of Schedule 5, subitem 12(1) of Schedule 6 and subitem 14(1) of Schedule 6A.
this Act includes the regulations.
transitional APCS: see subitem 5(3) of Schedule 9.
transitional default casual loading: see subitem 5(3) of Schedule 9.
transitional instrument: see subitems 2(3) and (4) of Schedule 3.
transitional minimum wage instrument: see subitem 5(3) of Schedule 9.
transitional national minimum wage order: see subitem 12(2) of Schedule 9.
transitional pay equity order: see subitem 43(1) of Schedule 3 and subitem 30A(1) of Schedule 3A.
transitional Schedules: see item 1 of this Schedule.
transitional special FMW: see subitem 5(3) of Schedule 9.
transitional standard FMW: see subitem 5(3) of Schedule 9.
unlodged collective agreement means a collective agreement that, as at the WR Act repeal day, has not been lodged.
unlodged termination, in relation to a workplace agreement, means a termination of a workplace agreement approved in accordance with section 386 of the WR Act, but not lodged as at the WR Act repeal day.
unlodged variation, in relation to a workplace agreement, means a variation of the workplace agreement under Division 8 of Part 8 of the WR Act approved in accordance with section 373 of the WR Act, but not lodged as at the WR Act repeal day.
Victorian employment agreement: see item 41 of Schedule 3.
workplace agreement that operates from approval means a workplace agreement to which Subdivision C of Division 5A of Part 8 of the WR Act applies (see subsection 346K(1) of that Act).
WR Act: see item 3 of this Schedule.
WR Act instrument: see subitem 2(2) of Schedule 3.
WR Act repeal means the commencement of Schedule 1.
WR Act repeal day means the day on which the WR Act repeal commences.

Meaning of WR Act and FW Act

Meaning of WR Act
(1) WR Act means the Workplace Relations Act 1996 and, unless the contrary intention appears, means that Act as in force immediately before the WR Act repeal day.
(2) Unless a contrary intention appears, a reference to the WR Act, or to a provision or provisions of the WR Act, includes a reference to regulations made for the purposes of the WR Act, or for the purposes of the provision or provisions of the WR Act.
(3) If an item of the transitional Schedules provides for the WR Act, or a provision or provisions of the WR Act, to continue to apply on and after the WR Act repeal day (or during the bridging period), the WR Act, or the provision or provisions, continue to so apply despite the WR Act repeal.
Meaning of FW Act

(4) FW Act means the Fair Work Act 2009.

(5) Unless a contrary intention appears, a reference to the FW Act, or to a provision or provisions of the FW Act, includes a reference to regulations made for the purposes of the FW Act, or for the purposes of the provision or provisions of the FW Act.

Expressions defined in the WR Act or the FW Act

(1) Unless a contrary intention appears:

(a)
expressions used in a transitional Schedule that were defined in the WR Act (other than Schedule 1 to that Act) have the same meanings in that transitional Schedule as they had in that Act; and
(b)
expressions used in a transitional Schedule that are defined in the FW Act have the same meanings in that transitional Schedule as they have in that Act.

(2) If:

(a)
a provision of a transitional Schedule uses an expression defined in both the WR Act and the FW Act; and
(b)
it is clear from the context of the provision which of those meanings is intended to apply in that provision;
the expression has that meaning.
(3) The regulations may define, or clarify the meaning of, an expression used in a transitional Schedule.
(4) This item does not apply to expressions defined in item 2.
5
Provisions that apply repealed provisions of the WR Act
(1) If a provision of a transitional Schedule provides for provisions (the applied WR Act provisions) of the WR Act to apply on and after the WR Act repeal day, any other provisions of the WR Act, and any regulations or other instruments made under that Act, that are necessary for the effectual operation of the applied WR Act provisions also apply on and after that day.

(2) This item has effect:

(a)
subject to a contrary intention in a provision of a transitional Schedule; and
(b)
subject to the regulations.
6
Effect of Part 21 of the WR Act to be taken into account
(1) To avoid doubt, in interpreting provisions of the transitional Schedules, the effect on the WR Act of Part 21 of that Act (which deals with matters referred by Victoria) before the WR Act repeal day is to be taken into account.
Note: For example, a reference in Schedule 3 to a workplace agreement includes a reference to a workplace agreement made under Part 8 of the WR Act, as that Part had effect because of Part 21.
(2) If a provision of the transitional Schedules provides for the application or continued application of provisions of the WR Act on and after the WR Act repeal day, those provisions also have the effect they would have if Part 21 of that Act were still in force.
Note: For example, item 2 of Schedule 4 provides for the continued application during the bridging period of Divisions 3, 4, 5 and 6 of Part 7 of the WR Act. The continued application of those Divisions also includes the extended effect those Divisions would have if Part 21 were still in force.

(3) This item has effect:

(a)
subject to a contrary intention; and
(b)
subject to the regulations.

Part 2Regulations about transitional matters

7
General power for regulations to deal with transitional matters
(1) The regulations may make provisions of a transitional, application or saving nature in relation to any of the following:
(a)
the transition from the regime provided for by the WR Act (and any Acts that amended that Act) to the regime provided for by the FW Act;
(b)
the amendments and repeals made by the Schedules to this Act;
(c)
the transition from the regime provided for by State industrial laws of Division 2B referring States to the regime provided for by this Act and the FW Act, including:
(i)
the transition from State awards and State employment agreements to Division 2B State instruments; and

(ii)
the transition from Division 2B State instruments to modern awards and enterprise agreements;
(d)
the amendments and repeals made by the Fair Work Amendment (State Referrals and Other Measures Act) 2009.
(2) Without limiting subitem (1), regulations made for the purpose of that subitem may do any of the following:
(a)
modify provisions of the FW Act, or provide for the application (with or without modifications) of provisions of the FW Act to matters to which they would otherwise not apply;
(b)
provide for the application (with or without modifications) of provisions of the WR Act on and after the WR Act repeal day;
(c)
provide for the application (with or without modifications), as laws of the Commonwealth, of provisions of State industrial laws of Division 2B referring States on and after the Division 2B referral commencement.
8
Regulations relating to matters dealt with in the transitional Schedules
(1) The regulations may modify provisions of the transitional Schedules.
(2) If a provision of a transitional Schedule provides for repealed provisions of the WR Act to apply on and after the WR Act repeal day, the regulations may:
(a)
modify the provisions; or
(b)
make other provision relating to the application of the provisions.
(3) If a provision of a transitional Schedule provides for provisions of the FW Act to apply in relation to matters to which they would otherwise not apply, the regulations may:
(a)
modify the provisions; or
(b)
make other provision relating to the application of the provisions.
(4) The regulations may make other provision in relation to the matters dealt with in the transitional Schedules.
(5) The transitional Schedules have effect subject to regulations made for any of the purposes of this item.

Limitation on power to make regulations

(1) The regulations must not:

(a)
modify provisions of Part 3‑4 of the FW Act (which deals with right of entry); or
(b)
modify provisions of the transitional Schedules that deal with right of entry.
(2) The regulations must not confer compliance powers on an inspector that are additional to the compliance powers under Part 5‑2 of the FW Act.

(3) This item has effect despite items 7 and 8.

Other general provisions about regulations

(1) This item applies to regulations made for the purpose of any of the provisions of the transitional Schedules (including this Part).
(2) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the regulations.

(3) If:

(a)
regulations are expressed to commence from a date (the registration date) before the regulations are registered under the Legislation Act 2003; and
(b)
a person engaged in conduct before the registration date; and
(c)
but for the retrospective effect of the regulations, the conduct would not have contravened a provision of:
(i)
the WR Act (as it continues to apply because of this Act); or
(ii)
this Act; or
(iii)
the FW Act;
then a court must not convict the person of an offence, or order the person to pay a pecuniary penalty, in relation to the conduct on the grounds that it contravened a provision of any of those Acts.
(4) The provisions of the transitional Schedules (including this Part) that provide for regulations to deal with matters do not limit each other.

Part 3Conduct before WR Act repeal day etc.

11
Conduct before repeal—WR Act continues to apply
Conduct before repeal
(1) The WR Act continues to apply, on and after the WR Act repeal day, in relation to conduct that occurred before the WR Act repeal day.
Note: For continuation and cessation of WR Act bodies and offices on and after the WR Act repeal day, see item 7 of Schedule 18.
Processes begun before repeal to vary or terminate WR Act instruments

(1A) If:

(a)
a process to vary or terminate a WR Act instrument is begun under the WR Act before the WR Act repeal day; and
(b)
the WR Act instrument becomes a transitional instrument because of the operation of Part 2 of Schedule 3;
the WR Act continues to apply, on and after the WR Act repeal day, for the purposes of completing the process.
Orders made before repeal
(2) To avoid doubt, the WR Act continues to apply, on and after the WR Act repeal day, in relation to orders made under that Act, including as it continues to apply under subitem (1).
Item subject to this Act

(3) This item applies subject to this Act.

Note: For the purposes of transition from the WR Act to the FW Act, other provisions of this Act:
(a) modify or exclude the operation of the WR Act as it continues to apply under subitem (1); and
(b) provide for the continued operation of the WR Act (including in modified form) in relation to conduct that occurs on or after the WR Act repeal day.

FWC to take over some processes

(1) On and after the WR Act repeal day:

(a)
an application, other than an interim application, that could have been made to any of the following because of item 11 may be made only to the FWC:
(i)
the Commission;
(ii)
the President;
(iii)
a member of the Commission;
(iv)
a Registrar; and
(b)
an appeal to the Commission that could have been instituted because of item 11 may be instituted only as an appeal to the FWC; and
(c)
a process (however described), other than an interim process, that could have been initiated by the Commission on its own motion because of item 11 may be initiated only by the FWC; and
(d)
a matter that could have been referred to the Commission under section 46PW of the Australian Human Rights Commission Act 1986 because of item 11 is to be referred only to the FWC.
(2) For the purposes of subitem (1), a law of the Commonwealth that relates to an application, appeal, process or matter referred to in that subitem is to be read:
(a)
as if a reference to a WR Act body or WR Act office were a reference to the FWC, as necessary; and
(b)
with any other necessary modifications.
Note: For WR Act body and WR Act office: see subitem 7(1) of Schedule 18.
(3) Subitems (1) and (2) apply subject to this Act.

(4) In this item:

interim application means an application that relates to a matter that is already before, or being dealt with by, the Commission, the President, a member of the Commission or a Registrar before the WR Act repeal day.
interim process means a process (however described) that relates to a matter that is already before, or being dealt with by, the Commission, the President, a member of the Commission or a Registrar before the WR Act repeal day.

Regulations—conduct before repeal

The regulations may do one or more of the following:
(a)
modify the operation of the WR Act as it applies under item 11;
(aa)
provide that subitem 11(1A) does not apply in relation to specified processes;
(b)
provide for any other matter that, because of item 11, could have been dealt with by a WR Act body or a person holding a WR Act office to be dealt with by the FWC, or by the FWC only.

Schedule 3Continued existence of awards, workplace agreements and certain other WR Act instrumentsPart 1Preliminary

Meanings of employee and employer

In this Schedule, employee and employer have their ordinary meanings.

Part 2Continued existence of WR Act instruments as transitional instruments

2
WR Act instruments that continue in existence as transitional instruments
(1) Each WR Act instrument (see subitem (2)) that becomes a transitional instrument (see subitems (3) to (4A)) continues in existence in accordance with this Schedule from when it becomes a transitional instrument, despite the WR Act repeal.
Note: In addition to provisions of this Schedule, the following other provisions affect the continued existence of transitional instruments:
(a) Part 2 of Schedule 5 (which deals with the WR Act award modernisation process);
(b) Division 2 of Part 2 of Schedule 6 (which deals with the enterprise instrument modernisation process);
(c) Schedule 8(which deals with workplace agreements and workplace determinations made under the WR Act, including the making of ITEAs during the bridging period);
(d) Schedule 11 (which deals with transfer of business);
(e) Part 3 of Schedule 2 (which deals with conduct before the WR Act repeal day).
(2) Each of the following instruments is a WR Act instrument:
(a)
an award;
(aa)
a State reference transitional award or common rule;
(b)
a notional agreement preserving State awards;
(c)
a workplace agreement;
(d)
a workplace determination;
(e)
a preserved State agreement;
(f)
an AWA;
(g)
a pre‑reform certified agreement;
(h)
a pre‑reform AWA;
(i)
an old IR agreement;
(j)
a section 170MX award.
Note 1: Workplace agreements are either collective agreements or ITEAs.
Note 2: Preserved State agreements are either preserved collective State agreements or preserved individual State agreements.
Note 3: For transitional provisions relating to Division 2 of Part 7 of the WR Act (which deals with wages), see Schedule 9.
Note 4: For transitional provisions relating to other transitional awards, see Schedule 20.
(3) The following WR Act instruments become transitional instruments on the WR Act repeal day:
(a)
each WR Act instrument (other than a Division 2B State reference transitional award) that was in operation immediately before the WR Act repeal day;
(b)
each workplace agreement or workplace determination made before the WR Act repeal day but that had not yet come into operation by that day;
(c)
any other WR Act instrument that, although not in operation immediately before the WR Act repeal day, could come into operation after that day because of an instrument interaction rule.
Note: Victorian employment agreements are not continued as transitional instruments. For provisions relating to these agreements, see Part 7 of this Schedule.
(3A) If a State reference common rule comes into effect on or after the WR Act repeal day under the provisions that continue to apply because of item 8A, the State reference common rule becomes a transitional instrument when the common rule comes into effect.
(4) If an ITEA is made during the bridging period under Division 7 of Part 2 of Schedule 8, the ITEA becomes a transitional instrument when it is made.
(4A) A Division 2B State reference transitional award becomes a transitional instrument on the Division 2B referral commencement. The Division 2B referral commencement is the time when Division 2B of Part 1‑3 of the FW Act commences.
(5) Transitional instruments are classified as follows:
(a)
awards, State reference transitional awards or common rules, and notional agreements preserving State awards, are award‑based transitional instruments;
(b)
all other kinds of transitional instruments are agreement‑based transitional instruments;
(c)
agreement‑based transitional instruments of the following kinds are collective agreement‑based transitional instruments:
(i)
collective agreements;
(ii)
workplace determinations;
(iii)
preserved collective State agreements;
(iv)
pre‑reform certified agreements;
(v)
old IR agreements;
(vi)
section 170MX awards;
(d)
agreement‑based transitional instruments of the following kinds are individual agreement‑based transitional instruments:
(i)
ITEAs;
(ii)
preserved individual State agreements;
(iii)
AWAs;
(iv)
pre‑reform AWAs.
2A
Meaning of State reference transitional award and various other expressions associated with State references
(1) A State reference transitional award is a transitional award that covers:
(a)
one or more specified State reference employers; and
(b)
specified State reference employees of those employers.
Note: A transitional award includes a transitional Victorian reference award.
(1A) State reference transitional awards are classified as follows:
(a)
if the employers and employees covered are Division 2A State reference employers and Division 2A State reference employees—the State reference transitional award is a Division 2A State reference transitional award;
(b)
if the employers and employees covered are Division 2B State reference employers and Division 2B State reference employees—the State reference transitional award is a Division 2B State reference transitional award.
(2) A State reference common rule is a common rule that covers:
(a)
specified State reference employers; and
(b)
specified State reference employees of those employers.
(3) A State reference employee is an employee who is a national system employee only because of section 30C or 30M of the FW Act.
(3A) State reference employees are classified as follows:
(a)
employees who are national system employees because of section 30C of the FW Act are Division 2A State reference employees;
(b)
employees who are national system employees because of section 30M of the FW Act are Division 2B State reference employees.
(4) A State reference employer is an employer that is a national system employer only because of section 30D or 30N of the FW Act.
(4A) State reference employers are classified as follows:
(a)
employers that are national system employers because of section 30D of the FW Act are Division 2A State reference employers;
(b)
employers that are national system employers because of section 30N of the FW Act are Division 2B State reference employers.

(5) If:

(a)
a transitional award (the current award), as in force on the WR Act repeal day, covers one or more Division 2A State reference employers, and Division 2A State reference employees of those employers; and
(b)
the current award also covers:
(i)
other employees of those employers; or
(ii)
other employers, and employees of those other employers;
then, for the purposes of this Act, the current award is taken instead, on and after that day (subject to subitem (6)), to constitute 2 separate transitional awards as follows:
(c)
a Division 2A State reference transitional award covering:
(i)
the employers, and the employees of those employers, referred to in paragraph (a); and
(ii)
if the current award covers an organisation, in relation to certain employers or employees referred to in paragraph (a)—that organisation in relation to those employers or employees; and
(d)
a transitional award covering:
(i)
the employers, and the employees of those employers, referred to in paragraph (b); and
(ii)
if the current award covers an organisation, in relation to certain employers or employees referred to in paragraph (b)—that organisation in relation to those employers or employees.

(6) If:

(a)
a transitional award (the current award), as in force on the Division 2B referral commencement, covers one or more Division 2B State reference employers, and Division 2B State reference employees of those employers; and
(b)
the current award also covers:
(i)
other employees of those employers; or
(ii)
other employers, and employees of those other employers;
then, for the purposes of this Act, the current award is taken instead, on and after the Division 2B referral commencement, to constitute 2 separate transitional awards as follows:
(c)
a Division 2B State reference transitional award covering:
(i)
the employers, and the employees of those employers, referred to in paragraph (a); and
(ii)
if the current award covers an organisation, in relation to certain employers or employees referred to in paragraph (a)—that organisation in relation to those employers or employees;
(d)
a transitional award covering:
(i)
the employers, and the employees of those employers, referred to in paragraph (b); and
(ii)
if the current award covers an organisation, in relation to certain employers or employees referred to in paragraph (b)—that organisation in relation to those employers or employees.

(7) A referring State is:

(a)
a State (a Division 2A referring State) that is a referring State as defined in section 30B of the FW Act; or
(b)
a State (a Division 2B referring State) that is a referring State as defined in section 30L of the FW Act.
3
The employees, employers etc. who are covered by a transitional instrument and to whom it applies
(1) A transitional instrument covers the same employees, employers and any other persons that it would have covered (however described in the instrument or WR Act) if the WR Act had continued in operation.
Note 1: The expression covers is used to indicate the range of employees, employers etc. to whom the instrument potentially applies (see subitem (2)). The employees, employers etc. who are within this range will depend on terms of the instrument, and on any relevant provisions of the WR Act.
Note 2: Depending on the terms of a transitional instrument and any relevant provisions of the WR Act, the instrument’s coverage may extend to people who become employees after the instrument becomes a transitional instrument.
(2) A transitional instrument applies to the same employees, employers and any other persons the instrument covers as would, if the WR Act had continued in operation, have been:
(a)
required by the WR Act to comply with terms of the instrument; or
(b)
entitled under the WR Act to enforce terms of the instrument.
Note: The expression applies is used to indicate the range of employees, employers etc. who are required to comply with, or can enforce, the terms of a transitional instrument.
(3) However, an award‑based transitional instrument does not apply to an employee (or to an employer, or an employee organisation, in relation to the employee) at a time when the employee is a high income employee (see section 329 of the FW Act).
Note: Item 35 deals with the application of section 329 of the FW Act to award‑based transitional instruments.

(4) This item has effect subject to:

(a)
the instrument interaction rules (see item 5); and
(b)
the variation or termination of transitional instruments as referred to in item 9;
(c)
Division 2 of Part 5 (which deals with interaction between transitional instruments and FW Act modern awards, workplace determinations and enterprise agreements); and
(d)
Schedule 11 (which deals with transfer of business); and
(e)
Part 3 of Schedule 2 (which deals with conduct before the WR Act repeal day).
4
Transitional instruments continue to be subject to the same instrument content rules
(1) The same instrument content rules that applied in relation to WR Act instruments of a particular kind immediately before the WR Act repeal day continue to apply in relation to instruments of that kind that become transitional instruments.
Note: Certain instrument content rules relating to the standing down of employees do not continue to apply in relation to WR Act instruments that become transitional instruments (see item 3 of Schedule 15).
(2) Instrument content rules are provisions of a law of the Commonwealth, as in force immediately before the WR Act repeal day, of any of the following kinds:
(a)
provisions about what may, must or must not be included in an instrument;
(b)
provisions to the effect that a particular term of an instrument is of no effect (however described):
(i)
either completely or to a limited extent; and
(ii)
either permanently or for a limited period;
(c)
provisions to the effect that a particular term is taken to be included in an instrument.
Note: Most of the instrument content rules were in the WR Act.
5
Transitional instruments continue to be subject to the same instrument interaction rules
(1) The same instrument interaction rules that applied in relation to WR Act instruments of a particular kind immediately before the WR Act repeal day continue to apply in relation to instruments of that kind that become transitional instruments.
(2) Instrument interaction rules are provisions of a law of the Commonwealth, as in force immediately before the WR Act repeal day, the effect of which is that:
(a)
one instrument has priority over, or excludes, another instrument:
(i)
either completely or to a particular extent; and
(ii)
either permanently or for a particular period; or
(b)
one instrument ceases to operate because of another instrument:
(i)
either completely or to a particular extent; and
(ii)
either permanently or for a particular period.
Note: Most of the instrument interaction rules were in the WR Act.
5A
Transitional instruments continue to be subject to the same State and Territory interaction rules
(1) The same State and Territory interaction rules that applied in relation to WR Act instruments of a particular kind immediately before the WR Act repeal day continue to apply in relation to instruments of that kind that become transitional instruments.

(2) State and Territory interaction rules are provisions of a law of the Commonwealth, as in force immediately before the WR Act repeal day, the effect of which is that:
(a)
an instrument prevails over, or excludes, a law of a State or Territory; or
(b)
an instrument has effect subject to a law of a State or Territory.
Note: Most of the State and Territory interaction rules were in the WR Act.
6
References in transitional instruments to the Australian Industrial Relations Commission etc.
(1) If a provision of a transitional instrument confers a power or function on the Australian Industrial Relations Commission, that provision has effect on and after the WR Act repeal day as if references in it to the Commission were instead references to the FWC.
(2) If a provision of a transitional instrument confers a power or function on the Industrial Registrar or a Deputy Industrial Registrar, that provision has effect on and after the WR Act repeal day as if references in it to the Industrial Registrar or a Deputy Industrial Registrar were instead references to the General Manager of the FWC.

(3) This item has effect subject to:

(a)
a contrary intention in this Act; and
(b)
the regulations.
7
No loss of accrued rights or liabilities when transitional instrument terminates or ceases to apply
(1) If a transitional instrument terminates, or ceases to apply in relation to a person, that does not affect:
(a)
any right or liability that a person acquired, accrued or incurred before the transitional instrument terminated or ceased to apply; or
(b)
any investigation, legal proceeding or remedy in respect of any such right or liability.
(2) Any such investigation, legal proceeding or remedy may be instituted, continued or enforced as if the transitional instrument had not terminated or ceased to apply.
(3) This item has effect subject to a contrary intention in this Act or in the FW Act.
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).
8A
Continuing application of provisions of the WR Act about common rules
(1) Subject to this item, clauses 82 to 87 of Schedule 6 to the WR Act continue to apply on and after the WR Act repeal day in relation to State reference common rules.

(2) Clauses 82 to 87 continue to apply as if:

(a)
references in the clauses to the transitional period (including references to the end of the transitional period) were omitted; and
(b)
a reference in the clauses to the Commission were instead a reference to the FWC; and
(c)
a reference in the clauses to a Registrar were instead a reference to the General Manager of the FWC; and
(d)
a reference in the clauses to the Rules of the Commission were instead a reference to the procedural rules of the FWC.
(3) Subitem (2) has effect unless the context otherwise requires and subject to the regulations.
Note: For example, paragraph (2)(a) does not apply if the reference is to something that the Commission did before the WR Act repeal day (or before the reform commencement).

Part 3Variation 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.
10
All kinds of transitional instrument: variation to remove ambiguities etc.
(1) On application by a person covered by a transitional instrument, the FWC may make a determination varying the instrument:
(a)
to remove an ambiguity or uncertainty in the instrument; or
(b)
to resolve an uncertainty or difficulty relating to the interaction between the instrument and a modern award; or
(c)
to remove terms that are inconsistent with Part 3‑1 of the FW Act (which deals with general protections), or to vary terms to make them consistent with that Part.
Note: For variation of a transitional instrument to resolve an uncertainty or difficulty relating to the interaction between the instrument and the National Employment Standards, see item 26.
(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.
11
All kinds of transitional instrument: variation on referral by AHRC
(1) This item applies if a transitional instrument is referred to the FWC under section 46PW of the Australian Human Rights Commission Act 1986 (which deals with discriminatory industrial instruments).
(2) If the instrument is an award‑based transitional instrument, section 161 of the FW Act applies in relation to the referral of the instrument as if the instrument were a modern award.
(3) If the transitional instrument is an agreement‑based transitional instrument, section 218 of the FW Act applies in relation to the referral of the instrument as if the instrument were an enterprise agreement.
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 the FWC.
Note: Items 10 and 11 apply instead of subsections 554(1) to (4) of the WR Act.
(2) The FWC 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 the FWC continuing to deal with a matter that it was dealing with before the end of the bridging period.
12A
State reference transitional awards: variation and revocation
General provisions
(1) Subject to this item, Divisions 5 (other than subsections 554(1) to (4)) and 6 of Part 10 of the WR Act apply on and after the WR Act repeal day in relation to transitional instruments that are State reference transitional awards as if:
(a)
references to the Commission were instead references to the FWC; and
(b)
references to an award included references to a State reference transitional award.
Note 1: Items 10 and 11 apply instead of subsections 554(1) to (4) of the WR Act.
Note 2: For variation of State reference common rules, see the provisions continued in effect by item 8A.
(2) To avoid doubt, for the purpose of sections 552 and 553 of the WR Act, as applied by subitem (1) in relation to State reference transitional awards, “minimum safety net entitlements” includes minimum safety net entitlements relating to wages.
Note: For variation of terms relating to wages after the end of the bridging period, see subitems (4) to (6).
(3) The FWC 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.
Special provisions about variation or revocation after the end of the bridging period
(4) A State reference transitional award cannot be varied or revoked after the end of the bridging period except as follows:
(a)
a State reference transitional award, other than terms relating to wages, can be varied after the end of the bridging period under section 553 of the WR Act;
(b)
terms of a State reference transitional award relating to wages can be varied after the end of the bridging period in an annual wage review under the FW Act as provided for in subitem (5);
(c)
a State reference transitional award can be varied after the end of the bridging period as a result of the FWC continuing to deal with a matter that it was dealing with before the end of the bridging period.
(5) In an annual wage review, the FWC may make a determination varying terms of a State reference transitional award relating to wages.
(6) For the purpose of subitem (5), Division 3 of Part 2‑6 of the FW Act (other than section 292) applies to terms of a State reference transitional award relating to wages in the same way as it applies to a modern award.
13
Pre‑reform certified agreements: continued application of WR Act provisions about variation
(1) Subject to this item, clause 2A of Schedule 7 to the WR Act continues to apply on and after the WR Act repeal day in relation to transitional instruments that are pre‑reform certified agreements as if references to the Commission were instead references to FWA.
Note: This subitem has effect subject to Part 3 of Schedule 2 (which deals with conduct before the WR Act repeal day).
(2) An application under clause 2A cannot be made after the end of the bridging period.
14
Preserved collective State agreements: continued application of WR Act provisions about variation
(1) Subject to this item, clause 16A of Schedule 8 to the WR Act continues to apply on and after the WR Act repeal day in relation to transitional instruments that are preserved State agreements as if references to the Commission were instead references to FWA.
Note: This subitem has effect subject to Part 3 of Schedule 2 (which deals with conduct before the WR Act repeal day).
(2) An application under clause 16A cannot be made after the end of the bridging period.
15
Collective agreement‑based transitional instruments: termination by agreement
Subdivision C of Division 7 of Part 2‑4 of the FW Act (which deals with termination of enterprise agreements by employers and employees) applies in relation to a collective agreement‑based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement‑based transitional instrument.
16
Collective agreement‑based transitional instruments: termination by the FWC
(1) Subdivision D of Division 7 of Part 2‑4 of the FW Act (which deals with termination of enterprise agreements after their nominal expiry date) applies in relation to a collective agreement‑based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement‑based transitional instrument.
(2) For the purpose of the application of Subdivision D to an old IR agreement, the agreement’s nominal expiry date is taken to be the end of the period of the agreement.
(3) To avoid doubt, subsection 615A(3) of the FW Act does not apply in relation to a collective agreement‑based transitional instrument.
17
Individual agreement‑based transitional instruments: termination by agreement
(1) The employee and employer covered by an individual agreement‑based transitional instrument may make a written agreement (a termination agreement) to terminate the agreement in accordance with the following requirements:
(a)
the termination agreement must be signed by the employee and the employer;
(b)
if the employee is under 18, it must also be signed by a parent or guardian of the employee;
(c)
the signatures must be witnessed.
(2) The termination has no effect unless it has been approved by the FWC.
(3) The employer or employee may apply to the FWC for approval of the termination agreement. The application must be made:
(a)
within 14 days after the termination agreement was made; or
(b)
if in all the circumstances the FWC considers it fair to extend that period—within such further period as the FWC allows.
(4) If an application for the FWC to approve the termination agreement is made under subitem (3), the FWC must approve the termination of the instrument if:
(a)
the FWC is satisfied that the requirements of subitem (1) have been complied with; and
(b)
the FWC is satisfied that there are no other reasonable grounds for believing that the employee has not agreed to the termination.
(5) If the termination is approved under subitem (4), the termination operates from the day specified in the decision to approve the termination.
18
Individual agreement‑based transitional instruments: termination conditional on enterprise agreement
(1) This item provides for the making of an instrument (a conditional termination) that will have the effect of terminating an individual agreement‑based transitional instrument if:
(a)
an enterprise agreement (the proposed enterprise agreement) is made that covers the employee and the employer; and
(b)
the proposed enterprise agreement comes into operation.
(2) If the transitional instrument has not passed its nominal expiry date, the conditional termination must be a written agreement signed by the employer and the employee. The signatures must be witnessed.
(3) If the transitional instrument has passed its nominal expiry date, the conditional termination must be in writing and signed either by the employee or the employer. The signature must be witnessed.
(4) If the conditional termination is signed by the employee, and the employee is under 18, it must also be signed by a parent or guardian of the employee.
(5) Any other requirements of the regulations relating to the form, content or making of the conditional termination must also be complied with.
(6) The employer must give the employee a copy of the conditional termination if:
(a)
the conditional termination is an agreement signed by the employee and the employer in the circumstances covered by subitem (2); or
(b)
the conditional termination is signed by the employer in the circumstances covered by subitem (3).
Note 1: For compliance with this obligation, see subitem 3(1) of Schedule 16.
Note 2: Failure to comply with this obligation does not affect the operation of subitem (8).
(7) The conditional termination must accompany any application to the FWC for approval of the proposed enterprise agreement under section 185 of the FW Act.
Note 1: For compliance with this obligation, see subitem 3(2) of Schedule 16.
Note 2: Failure to comply with this obligation does not affect the operation of subitem (8), or the validity of an approval by the FWC of the proposed enterprise agreement.
(8) If the requirements of subitems (2) to (5) have been complied with in relation to the conditional termination, the transitional instrument terminates when the proposed enterprise agreement comes into operation.
19
Individual agreement‑based transitional instruments: unilateral termination with the FWC’s approval

(1) This item applies to an employer or employee:

(a)
to whom an individual agreement‑based transitional instrument that has passed its nominal expiry date applies; and
(b)
who wants to terminate the transitional instrument.

(2) The employer or employee may:

(a)
make a written declaration that identifies the transitional instrument and that states that the employer or employee wants to terminate the transitional instrument; and
(b)
apply to the FWC for the approval of the termination.
(3) The employer or employee cannot make an application as mentioned in paragraph (2)(b) unless, at least 14 days before the day on which the application is made, the employer or employee gives the other of them a notice complying with the following requirements:
(a)
the notice must identify the transitional instrument;
(b)
the notice must state that the employer or employee intends to apply to the FWC for approval of the termination of the instrument;
(c)
the notice must state that, if the FWC approves the termination, the transitional instrument will terminate on the 90th day after the day on which the FWC makes the approval decision;
(d)
if the notice is given by the employer:
(i)
the notice must state whether, if the instrument terminates during the bridging period, one or more redundancy provisions in the instrument will continue to apply to the employee as provided for by item 38; and
(ii)
if one or more redundancy provisions in the instrument will so continue to apply to the employee—the notice must include or be accompanied by a copy of the provision or provisions;
(e)
the notice must comply with any other requirements of the regulations.
(4) The FWC must approve the termination if the FWC is satisfied that:
(a)
the transitional instrument applies to the employer and the employee; and
(b)
the requirements of subitems (2) and (3) have been complied with.
(5) If the FWC approves the termination, the transitional instrument terminates on the 90th day after the day on which the FWC makes the approval decision.
20
Initial sunsetting rules for particular transitional instruments
Notional agreements preserving State awards
(1) A notional agreement preserving State awards (other than a notional agreement that is an enterprise instrument) terminates:
(a)
on the 4th anniversary of the FW (safety net provisions) commencement day; or
(b)
if the regulations prescribe a later day—on that later day.
Division 3 pre‑reform certified agreements
(2) If the employer in relation to a Division 3 pre‑reform certified agreement is not a national system employer, the agreement terminates on the earlier of the following:
(a)
27 March 2011;
(b)
when both of the following conditions are satisfied:
(i)
the agreement has passed its nominal expiry date;
(ii)
it has been replaced by a State employment agreement (within the meaning of the WR Act).
(3) However, if the employer becomes a national system employer before 27 March 2011, subitem (2) does not apply after that time.
Old IR agreements
(4) If the employer in relation to an old IR agreement is not a national system employer, the agreement terminates on the earlier of the following:
(a)
27 March 2011;
(b)
when it has been replaced by a State employment agreement (within the meaning of the WR Act).
(5) However, if the employer becomes a national system employer before 27 March 2011, subitem (4) does not apply after that time.
Section 170MX awards

(6) If:

(a)
the employer in relation to a section 170MX award is not a national system employer; and
(b)
the section 170MX award:
(i)
was in force just before 27 March 2006; or
(ii)
was made on or after that day because of Part 8 of Schedule 7 to the WR Act;
the award terminates on the earlier of the following:
(c)
27 March 2011;
(d)
when it has been replaced by a State employment agreement (within the meaning of the WR Act).

(7) However, if the employer becomes a national system employer before 27 March 2011, subitem (6) does not apply after that time.
20A
Automatic sunsetting of all remaining agreement‑based transitional instruments
Automatic sunsetting
(1) An agreement‑based transitional instrument terminates at the end of the grace period for the instrument if the instrument has not already terminated before that time.
(2) The grace period for an agreement‑based transitional instrument is:
(a) subject to paragraph (b), the period of 12 months (the default period) beginning on the day Part 13 of Schedule 1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 commences; or
(b) if the default period is extended for the instrument on one or more occasions under subitem (6) or paragraph (11)(e)—the default period as so extended.
Employer to give notice to employees
(3) An employer covered by an agreement‑based transitional instrument must, before the end of 6 months beginning on the day Part 13 of Schedule 1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 commences, give each employee who is covered by the instrument and employed by the employer at the end of that period written notice advising the employee:
(a) that the employee is covered by an agreement‑based transitional instrument; and
(b) that the instrument will terminate unless an application is made to the FWC under subitem (4), before the end of the period of 12 months beginning on the day that Part commences, for the FWC to extend the default period for the instrument; and
(c) of the day on which that Part commences.
Note: For compliance with this obligation, see item 4C of Schedule 16.
Application to FWC for extension of default period
(4) Any of the following may apply to the FWC, before the end of the grace period for an agreement‑based transitional instrument, for the FWC to extend the default period for the instrument for a period of no more than 4 years:
(a) an employer covered by the instrument;
(b) an employee covered by the instrument;
(c) an industrial association that is entitled to represent the industrial interests of one or more of the employees covered by the instrument.
(5) An application under subitem (4) must be accompanied by:
(a) a copy of the instrument; and
(b) any declarations that are required by the procedural rules of the FWC to accompany the application.
Extension of default period
(6) If an application is made under subitem (4), the FWC must extend the default period for the agreement‑based transitional instrument for a period of no more than 4 years if the FWC is satisfied that:
(a) subitem (7), (8) or (9) applies and it is otherwise appropriate in the circumstances to do so; or
(b) it is reasonable in the circumstances to do so.

(7) This subitem applies if:

(a) the application is made at or after the notification time for a proposed enterprise agreement; and
(b) the proposed enterprise agreement will cover:
(i) if the application relates to an individual agreement‑based transitional instrument—the employee covered by the individual agreement‑based transitional instrument; or
(ii) if the application relates to a collective agreement‑based transitional instrument—the same, or substantially the same, group of employees as the collective agreement‑based transitional instrument; and
(c) bargaining for the proposed enterprise agreement is occurring.

(8) This subitem applies if:

(a) the application relates to an individual agreement‑based transitional instrument; and
(b) the employee covered by the instrument would be an award covered employee for the instrument under subitem (10) if the instrument were a collective agreement‑based transitional instrument; and
(c) it is likely that, as at the time the application is made, the employee would be better off overall if the instrument applied to the employee than if the relevant modern award referred to in that subitem applied to the employee.

(9) This subitem applies if:

(a) the application relates to a collective agreement‑based transitional instrument; and
(b) it is likely that, as at the time the application is made, the award covered employees for the instrument under subitem (10), viewed as a group, would be better off overall if the instrument applied to the employees than if the relevant modern award or awards referred to in that subitem applied to the employees.
(10) For the purposes of subitems (8) and (9), the award covered employees for a collective agreement‑based transitional instrument are the employees who:
(a) are covered by the instrument; and
(b) at the time an application is made under subitem (4) in relation to the instrument, are covered by one or more modern awards (the relevant modern awards) that:
(i) are in operation; and
(ii) cover the employees in relation to the work that the employees are to perform under the instrument; and
(c) are employed at that time by an employer who is covered by the instrument and by one or more of the relevant modern awards.
Publication of decisions etc.
(10A) The FWC must publish the following, on its website or by any other means that the FWC considers appropriate:
(a) a decision under subitem (6);
(b) any written reasons that the FWC gives in relation to such a decision;
(c) if the decision is to extend the default period for a collective agreement‑based transitional instrument—the instrument.
The FWC must do so as soon as practicable after making the decision.
(10B) Paragraph (10A)(b) applies subject to any order made under section 594 of the FW Act.
(10C) The FWC must not publish an individual agreement‑based transitional instrument in relation to which an application under subitem (4) is made.
Pending applications

(11) If:

(a) an application is made under subitem (4) in relation to an agreement‑based transitional instrument; and
(b) the FWC has not made a decision on the application at a time (the critical time) that is immediately before what would (apart from this subitem) be the end of the grace period for the instrument;
then:
(c) the FWC must make the decision on the application after the critical time; and
(d) the decision on the application is taken to have been made at the critical time; and
(e) if the FWC’s decision on the application is to refuse to extend the default period for the instrument under subitem (6)—the FWC must extend the default period until the end of:
(i) subject to subparagraph (ii), the day the refusal decision is made; or
(ii) if the refusal decision specifies a later day that is not more than 14 days after the day the refusal decision is made—that later day.

Effect of termination

If a transitional instrument terminates, it ceases to cover (and can never again cover) any employees, employers or other persons.

Part 4Transitional instruments and the Australian Fair Pay and Conditions Standard

Same AFPCS interaction rules continue to apply

(1) Subject to this item, the same AFPCS interaction rules that applied in relation to WR Act instruments of a particular kind immediately before the WR Act repeal day continue to apply in relation to instruments of that kind that become transitional instruments.
Note 1: Schedule 4 provides for the continued application of the Australian Fair Pay and Conditions Standard (other than minimum wages provisions) during the bridging period.
Note 2: Schedule 9 provides for the continued application of the minimum wages provisions of the Australian Fair Pay and Conditions Standard on and after the WR Act repeal day.
(2) AFPCS interaction rules of the kind referred to in paragraph (4)(b) do not continue to apply after the end of the bridging period.
Note: This may result in an employee becoming entitled to a rate of pay under a transitional APCS that is higher than was required to be paid to the employee under a transitional instrument during the bridging period. If that occurs, the employer may apply to the FWC for a determination to phase‑in the effect of the increase (see item 14 of Schedule 9).
(3) If, immediately before the end of the bridging period, an AFPCS interaction rule of the kind referred to in paragraph (4)(b) produced the result that an employee to whom a transitional instrument applied was not covered by the obligation in subsection 182(1) or (2) of the WR Act in relation to a transitional APCS, the employee becomes covered by that obligation in relation to that transitional APCS from the end of the bridging period.
(4) AFPCS interaction rules are provisions of a law of the Commonwealth, as in force immediately before the WR Act repeal day, the effect of which is that:
(a)
the Australian Fair Pay and Conditions Standard prevails over an instrument (or an instrument is of no effect because of the Standard) either completely or to a particular extent; or
(b)
an instrument prevails over the Australian Fair Pay and Conditions Standard (or the Standard does not apply because of the instrument) either completely or to a particular extent.
Note: Most of the AFPCS interaction rules were in the WR Act.

Part 5Transitional instruments and the FW ActDivision 1Interaction between transitional instruments and the National Employment Standards

The no detriment rule

(1) To the extent that a term of a transitional instrument is detrimental to an employee, in any respect, when compared to an entitlement of the employee under the National Employment Standards, the term of the transitional instrument is of no effect.
Note 1: A term of a transitional instrument that provides an entitlement that is at least as beneficial to an employee as a corresponding entitlement of the employee under the National Employment Standards will continue to have effect.
Note 2: Division 3 (which contains other general provisions about how the FW Act applies in relation to transitional instruments) is also relevant to how the National Employment Standards apply in relation to employees to whom transitional instruments apply.
Note 3: References to the National Employment Standards include a reference to the extended parental leave provisions and the extended notice of termination provisions (see sections 746 and 761 of the FW Act).
(1A) If there is a dispute about the application of this item which must be resolved by the FWC in accordance with item 26, the FWC may compare the entitlements which are in dispute:
(a)
on a ‘line‑by‑line’ basis, comparing individual terms; or
(b)
on a ‘like‑by‑like’ basis, comparing entitlements according to particular subject areas; or
(c)
using any combination of the above approaches the FWC sees fit.
(2) Subitem (1) does not affect a term of a transitional instrument that is permitted by a provision of the National Employment Standards as it has effect under item 24.
(3) The regulations may make provisions that apply to determining, for the purpose of this item, whether terms of a transitional instrument are, or are not, detrimental in any respect when compared to entitlements under the National Employment Standards.
24
Provisions of the NES that allow instruments to contain particular kinds of terms
(1) The following provisions of the National Employment Standards have effect, on and after the FW (safety net provisions) commencement day, as if a reference to a modern award or an enterprise agreement included a reference to a transitional instrument:
(a)
section 63 (which allows terms dealing with averaging of hours of work);
(b)
section 93 (which allows terms dealing with cashing out and taking paid annual leave);
(c)
section 101 (which allows terms dealing with cashing out paid personal/carer’s leave);
(d)
subsection 107(5) (which allows terms dealing with evidence requirements for paid personal/carer’s leave etc.);
(e)
subsection 115(3) (which allows terms dealing with substitution of public holidays);
(f)
section 118 (which allows terms dealing with an employee giving notice to terminate his or her employment);
(g)
subsections 121(2) and (3) (which allow terms specifying situations in which the redundancy pay entitlement under section 119 does not apply);
(h)
section 126 (which allows terms providing for school‑based apprentices and trainees to be paid loadings in lieu).

(2) If:

(a)
a transitional instrument includes terms referred to in subsection (1) of section 93 or 101 of the National Employment Standards; but
(b)
the terms do not include the requirements referred to in subsection (2) of that section;
the instrument is taken to include terms that include the requirements.

Shiftworker annual leave entitlement

(1) If:

(a)
a transitional instrument applies to an employee; and
(b)
the employee is a shift worker as defined in section 228 of the WR Act;
the employee is taken to qualify for the shiftworker annual leave entitlement for the purposes of section 87 of the FW Act.
(2) This item has effect subject to subsection 87(4) of the FW Act.
26
Resolving difficulties about application of this Division
(1) On application by a person covered by a transitional instrument, the FWC 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.
27
Division does not affect transitional instruments before NES commencement
This Division (including determinations under item 26) does not affect the operation of a transitional instrument at any time before the FW (safety net provisions) commencement day.

Division 2Interaction between transitional instruments and FW Act modern awards, enterprise agreements and workplace determinations

28
Modern awards and agreement‑based transitional instruments
(1) While an agreement‑based transitional instrument of any of the following kinds applies to an employee, or to an employer or other person in relation to the employee:
(a)
a workplace agreement;
(b)
a workplace determination;
(c)
a preserved State agreement;
(d)
an AWA;
(e)
a pre‑reform AWA;
a modern award does not apply to the employee, or to the employer or other person in relation to the employee.
Note 1: However, a modern award can continue to cover the employee while the agreement‑based transitional instrument continues to apply.
Note 2: This subitem has effect subject to item 13 of Schedule 9(which requires that the base rate of pay under an agreement‑based transitional instrument must not be less than the relevant modern award rate).

(2) If:

(a)
an agreement‑based transitional instrument of any of the following kinds:
(i)
a pre‑reform certified agreement;
(ii)
an old IR agreement;
(iii)
a section 170MX award; and
(b)
a modern award;
both apply to an employee, or to an employer or other person in relation to the employee, the agreement‑based transitional instrument prevails over the modern award, to the extent of any inconsistency.
Note: This subitem has effect subject to item 13 of Schedule 9(which requires that the base rate of pay under an agreement‑based transitional instrument must not be less than the relevant modern award rate).
28A
Terms of modern awards about outworker conditions continue to apply

(1) This item applies if, at a particular time:

(a)
an agreement‑based transitional instrument applies to an employee; and
(b)
outworker terms (within the meaning of the FW Act) in a modern award would, but for the transitional instrument, apply to the employee.
(2) Despite item 28 and despite any terms of the agreement‑based transitional instrument that are detrimental to the employee in any respect when compared to the terms of the modern award, the outworker terms apply at that time to the following persons:
(a)
the employee;
(b)
the employer;
(c)
each employee organisation to which the modern award applies.
(3) To avoid doubt, to the extent to which terms of a modern award apply to an employee, an employer or an employee organisation because of subitem (2), the modern award applies to the employee, employer or organisation.
29
Modern awards and award‑based transitional instruments
Modern awards other than the miscellaneous modern award
(1) If a modern award (other than the miscellaneous modern award) that covers an employee, or an employer or other person in relation to the employee, comes into operation, then an award‑based transitional instrument ceases to cover (and can never again cover) the employee, or the employer or other person in relation to the employee.
Note: A modern award cannot be expressed to cover an employee who is covered by a transitional instrument that is an enterprise instrument or a State reference public sector transitional award (see subsections 143(8) and (10) of the FW Act).
The miscellaneous modern award
(2) While an award‑based transitional instrument that covers an employee, or an employer or other person in relation to the employee, is in operation, the miscellaneous modern award does not cover the employee, or the employer or other person in relation to the employee.
Outworker entities
(3) If a modern award (other than the miscellaneous modern award) that contains outworker terms that cover an outworker entity comes into operation, then outworker terms in an award‑based transitional instrument cease to cover (and can never again cover) the outworker entity.
(4) While outworker terms in an award‑based transitional instrument that is in operation cover an outworker entity, any outworker terms in the miscellaneous modern award do not cover the outworker entity.
(5) Outworker terms in an award‑based transitional instrument are terms that would be outworker terms as defined in the FW Act if they were in a modern award.
30
FW Act enterprise agreements and workplace determinations, and agreement‑based transitional instruments
Individual agreement‑based transitional instruments
(1) While an individual agreement‑based transitional instrument applies to an employee, or to an employer in relation to the employee, an enterprise agreement or workplace determination (under the FW Act) does not apply to the employee, or the employer in relation to the employee.
Collective agreement‑based transitional instruments
(2) If an enterprise agreement or workplace determination (under the FW Act) starts to apply to an employee, or an employer or other person in relation to the employee, then a collective agreement‑based transitional instrument ceases to cover (and can never again cover) the employee, or the employer or other person in relation to the employee.
Note 1: The fact that a collective agreement‑based transitional instrument applies to employees does not prevent those employees and their employer from replacing that transitional instrument at any time with an enterprise agreement, regardless of whether the transitional instrument has passed its nominal expiry date.
Note 2: Industrial action must not be taken before the nominal expiry date of an agreement‑based transitional instrument, even if it is being replaced by an enterprise agreement (see item 4 of Schedule 13).
31
FW Act enterprise agreements and workplace determinations, and award‑based transitional instruments
If an enterprise agreement or workplace determination (under the FW Act) applies to an employee, or an employer or other person in relation to the employee, then:
(a)
an award‑based transitional instrument ceases to apply to the employee, and the employer or other person in relation to the employee; but
(b)
the award‑based transitional instrument can (subject to the other provisions of this Part) continue to cover the employee, and the employer or other person in relation to the employee.
Note: Subject to the other provisions of this Part, the award‑based transitional instrument can again start to apply to the employee, and the employer or other person in relation to the employee, if the enterprise agreement or workplace determination (under the FW Act) ceases to apply to the employee.
31A
Designated outworker terms of award‑based transitional instrument continue to apply

Note: The heading to section 113 of Schedule 1 is altered by omitting “awards” and substituting “modern awards”.

601

Subsection 113(2) of Schedule 1

Omit “collective”.

602

Paragraph 113(2)(a) of Schedule 1

Omit “becomes binding on”, substitute “covers”.

603

Subsection 113A(1) of Schedule 1

Omit “a collective”, substitute “an enterprise”.
Note: The heading to section 113A of Schedule 1 is altered by omitting “Collective” and substituting “Enterprise”.

604

Paragraph 113A(1)(b) of Schedule 1

Omit “is binding on”, substitute “covers”.

605

Subsection 113A(2) of Schedule 1

Omit “becomes binding on” (wherever occurring), substitute “covers”.

606

Paragraph 142(1)(a) of Schedule 1

Omit “an award or a collective”, substitute “a modern award or an enterprise”.

607

Subparagraph 142(1)(b)(i) of Schedule 1

Omit “an award”, substitute “a modern award”.

608

Subparagraph 142(1)(b)(i) of Schedule 1

Omit “a collective”, substitute “an enterprise”.

609

Subparagraph 142(1)(b)(ii) of Schedule 1

Omit “an award”, substitute “a modern award”.

610

Subparagraph 142(1)(b)(ii) of Schedule 1

Omit “a collective”, substitute “an enterprise”.

611

Subparagraph 144(3)(a)(i) of Schedule 1

Omit “awards or collective”, substitute “modern awards or enterprise”.

612

Paragraph 159(1)(a) of Schedule 1

Omit “awards and collective”, substitute “modern awards and enterprise”.

613

Subsections 166(1) and (4) of Schedule 1

Before “award”, insert “modern”.

614

Subsection 177(3) of Schedule 1

Omit “an award”, substitute “a modern award”.

615

Subsection 177(3) of Schedule 1

Omit “collective”, substitute “enterprise”.
616
Subparagraphs 246(2)(b)(i) and 249(5)(b)(i) of Schedule 1
Omit “awards or collective”, substitute “modern awards or enterprise”.
617
Subsection 337F(2) of Schedule 1 (paragraph (c) of the definition of prescribed premises)
Omit “an award”, substitute “a modern award”.
618
Subsection 337F(2) of Schedule 1 (paragraph (d) of the definition of prescribed premises)
Omit “a collective”, substitute “an enterprise”.

619

Subparagraph 367(9)(d)(i) of Schedule 1

Before “awards”, insert “modern”.
620
Subclause 1(1) of Schedule 10 (paragraphs (a) and (b) of the definition of industrial instrument)
Repeal the paragraphs, substitute:
(a)
a modern award; or
(b)
an enterprise agreement; or

Part 9Transitional provisions etc.

621
Things done before the commencement of this Schedule

(1) The following table has effect if:

(a)
before the commencement of this item, a thing was done under, or for the purposes of, a provision of Schedule 1 to the WR Act (as in force from time to time) by, or in relation to, a person or body mentioned in column 1 of the table; and
(b)
immediately before that commencement, the thing continued to have effect.

Things done before the commencement of this item
Item	If the thing was done by, or in relation to ...	then, after that commencement, the thing has effect as if it had been done by, or in relation to ...
1	the Commission	FWA.
2	the Industrial Registry	FWA.
3	the Industrial Registrar	the General Manager.
4	a Registrar	the General Manager.
5	a member of the Commission	an FWA member.
6	a Presidential Member	the President or a Deputy President.
7	a Registry official	the General Manager.
8	a designated Registry official	a member of the staff of FWA.

Note: For how the thing has effect after the commencement of Part 1 of Schedule 9 to the Fair Work Amendment Act 2012 (which changes the name of Fair Work Australia to become the Fair Work Commission, etc.), see Part 10 of Schedule 3 to the FW Act.
(2) Without limiting subitem (1), a reference in that subitem to a thing being done in relation to a person or body includes a reference to:
(a)
an application, request, statement, objection, disclosure, direction or referral being made or given to, or lodged with, the person or body; and
(b)
information or a document being given or produced to, or lodged with, the person or body; and
(c)
evidence being taken by the person or body.
622
Instruments made under, or for the purposes of, a provision of Schedule 1 to the WR Act

(1) The following table has effect if:

(a)
before the commencement of this item, an instrument was made under, or for the purposes of, a provision of Schedule 1 to the WR Act (as in force from time to time); and
(b)
the instrument was in force immediately before that commencement.

Instruments in force immediately before the commencement of this item
Item	A reference in the instrument to ...	has effect after that commencement as if it were a reference to ...
1	the Commission	FWA.
2	the Industrial Registry	FWA.
3	the Industrial Registrar	the General Manager.
4	a Registrar	the General Manager.
5	a member of the Commission	an FWA member.
6	a Presidential Member	the President or a Deputy President.
7	a Registry official	the General Manager.
8	a designated Registry official	a member of the staff of FWA.

Note: For how the instrument has effect after the commencement of Part 1 of Schedule 9 to the Fair Work Amendment Act 2012 (which changes the name of Fair Work Australia to become the Fair Work Commission, etc.), see section 25B of the Acts Interpretation Act 1901.
(2) Subject to subitem (3), a reference in the instrument to a provision of Schedule 1 to the WR Act is to be construed, after the commencement of this item, as a reference to the same provision of the Fair Work (Registered Organisations) Act 2009.
(3) Subitem (2) does not apply to a reference that is expressed as a reference to a provision as in force at a time that is before the commencement of this item.
623
Award‑based transitional instruments and agreement‑based transitional instruments
The Fair Work (Registered Organisations) Act 2009 applies as if:
(a)
references in that Act to a modern award included a reference to an award‑based transitional instrument; and
(b)
references in that Act to an enterprise agreement included a reference to an agreement‑based transitional instrument.
623A
Division 2B State awards and Division 2B State employment agreements
The Fair Work (Registered Organisations) Act 2009 applies as if:
(a)
references in that Act to a modern award included a reference to a Division 2B State award; and
(b)
references in that Act to an enterprise agreement included a reference to a Division 2B State employment agreement.
624
Register of organisations kept under paragraph 13(1)(a) of Schedule 1 to the WR Act
The register of organisations kept by the Industrial Registry under paragraph 13(1)(a) of Schedule 1 to the WR Act in its form immediately before the commencement of this item is taken, after that commencement, to be the register of organisations kept by the FWC under paragraph 13(1)(a) of the Fair Work (Registered Organisations) Act 2009.
625
Application of paragraph 73(2)(c) of Schedule 1 to the WR Act
To avoid doubt:
(a)
subparagraph 73(2)(c)(i) of the Fair Work (Registered Organisations) Act 2009 applies in relation to contraventions of the WR Act (as in force from time to time) that occurred before the commencement of this item; and
(b)
subparagraph 73(2)(c)(ii) of that Act applies in relation to breaches of orders made under the WR Act (as in force from time to time) that occurred before the commencement of this item.
626
Application of section 337A of Schedule 1 to the WR Act
(1) Part 4A of Chapter 11 of the Fair Work (Registered Organisations) Act 2009 applies as if a disclosure of information made to a person referred to in subparagraph 337A(b)(i) or (ii) of Schedule 1 to the WR Act:
(a)
after the commencement of this item; and
(b)
before:
(i)
if the person is of a kind referred to in subparagraph 337A(b)(i) of that Schedule 1 to the WR Act—the cessation time for the Industrial Registrar under item 7 of Schedule 18 to this Act; or
(ii)
if the person is of a kind referred to in subparagraph 337A(b)(ii) of Schedule 1 to the WR Act—the cessation time for the Workplace Authority Director under item 7 of Schedule 18 to this Act;
were a disclosure to which paragraph 337A(b) of the Fair Work (Registered Organisations) Act 2009 applies.
(2) Paragraph 337A(d) of the Fair Work (Registered Organisations) Act 2009 applies as if references in that paragraph to contraventions of the FW Act included references to contraventions of the WR Act (as in force from time to time) that occurred before the commencement of this item.

627

Transitionally registered associations

For the purposes of the Fair Work (Registered Organisations) Act 2009, an association that, immediately before the commencement of this item, was a transitionally registered association is taken, on that commencement, to be a transitionally recognised association.

Schedule 23Other amendments of the FW Act

Fair Work Act 2009

At the end of section 3

Add:
; and (g)
acknowledging the special circumstances of small and medium‑sized businesses.
2
Section 12 (definition of civil remedy provision)
Omit “subsection 539(1)”, substitute “subsections 539(1) and (3)”.

At the end of subsection 22(2)

Add:
; (c)
any other period of a kind prescribed by the regulations.

After subsection 22(3)

Insert:
(3A)
Regulations made for the purposes of paragraph (2)(c) may prescribe different kinds of periods for the purposes of different provisions of this Act (other than provisions to which subsection (4) applies). If they do so, subsection (3) applies accordingly.

Paragraph 22(4)(a)

Repeal the paragraph, substitute:
(a)
a period of service by a national system employee with his or her national system employer is a period during which the employee is employed by the employer, but does not include:
(i)
any period of unauthorised absence; or
(ii)
any other period of a kind prescribed by the regulations; and

Paragraph 22(4)(b)

Omit “of unauthorised absence”, substitute “referred to in subparagraph (a)(i) or (ii)”.

After subsection 22(4)

Insert:
(4A)
Regulations made for the purposes of subparagraph (4)(a)(ii) may prescribe different kinds of periods for the purposes of different provisions to which subsection (4) applies. If they do so, paragraph (4)(b) applies accordingly.

Section 63

Before “A”, insert “(1)”.

Section 63 (note)

Repeal the note, substitute:
(2)
The terms of a modern award or enterprise agreement may provide for average weekly hours that exceed the hours referred to in paragraph (1)(a) or (b) if the excess hours are reasonable for the purposes of subsection 62(1).
Note: Hours in excess of the hours referred to in paragraph (1)(a) or (b) that are worked in a week in accordance with averaging terms in a modern award or enterprise agreement (whether the terms comply with subsection (1) or (2)) will be treated as additional hours for the purposes of section 62. The averaging terms will be relevant in determining whether the additional hours are reasonable (see paragraph 62(3)(i)).

Section 64

Before “An”, insert “(1)”.

Section 64 (note)

Repeal the note, substitute:
(2)
The agreed averaging arrangement may provide for average weekly hours that exceed the hours referred to in paragraph (1)(a) or (b) if the excess hours are reasonable for the purposes of subsection 62(1).
Note: Hours in excess of the hours referred to in paragraph (1)(a) or (b) that are worked in a week in accordance with an agreed averaging arrangement (whether the arrangement complies with subsection (1) or (2)) will be treated as additional hours for the purposes of section 62. The averaging arrangement will be relevant in determining whether the additional hours are reasonable (see paragraph 62(3)(i)).

At the end of subsection 140(1)

Add:
Note: A person who is an employer may also be an outworker entity (see the definition of outworker entity in section 12).

Subsection 312(2)

Repeal the subsection (not including the heading), substitute:
(2)
Each of the following is a named employer award:
(a)
a modern award (including a modern enterprise award) that is expressed to cover one or more named employers;
(b)
a modern enterprise award that is expressed to cover one or more specified classes of employers (other than a modern enterprise award that is expressed to relate to one or more enterprises as described in paragraph 168A(2)(b)).
Note: Paragraph 168A(2)(b) deals with employers that carry on similar business activities under the same franchise.

Part 2‑9 (heading)

Repeal the heading, substitute:

Part 2‑9—Other terms and conditions of employment

At the end of subsection 371(2)

Add “, or within such period as a court allows on an application made during or after those 14 days”.

At the end of section 371

Add:
Note: In Brodie‑Hanns v MTV Publishing Ltd (1995) 67 IR 298, the Industrial Relations Court of Australia set down principles relating to the exercise of its discretion under a similarly worded provision of the Industrial Relations Act 1988.

Paragraph 411(c)

Omit “; and”, substitute “.”.

Paragraph 411(d)

Repeal the paragraph.
12
At the end of Subdivision C of Division 2 of Part 3‑3 of Chapter 3
Add:

416AEmployer response action does not affect continuity of employment

Employer response action for a proposed enterprise agreement does not affect the continuity of employment of the employees who will be covered by the agreement, for such purposes as are prescribed by the regulations.
13
Subsection 539(2) (cell at table item 2, column headed “Civil remedy provision”)
Repeal the cell, substitute:

45 (other than in relation to a contravention or proposed contravention of an outworker term)

14
Subsection 539(2) (cell at table item 3, column headed “Civil remedy provision”)
Repeal the cell, substitute:

45 (in relation to a contravention or proposed contravention of an outworker term)

15
Subsection 539(2) (cell at table item 4, column headed “Civil remedy provision”)
Repeal the cell, substitute:

50 (other than in relation to a contravention or proposed contravention of a term that would be an outworker term if it were included in a modern award)

Subsection 539(2) (after table item 4)

Insert:

50 (in relation to a contravention or proposed contravention of a term that would be an outworker term if it were included in a modern award)

(a) an employee;

(b) an employer;

(d) an inspector

(a) the Federal Court;

(b) the Federal Magistrates Court;

60 penalty units

At the end of section 539

Add:
(3)
The regulations may provide that a provision set out in the regulations is a civil remedy provision.
(4)
If the regulations make provision as mentioned in subsection (3):
(a)
the regulations must set out:
(i)
the persons who would be referred to in column 2; and
(ii)
the courts that would be referred to in column 3; and
(iii)
the maximum penalty that would be referred to in column 4;
of the table in subsection (2) if there were an item for the civil remedy provision in the table; and
(b)
this Part has effect as if the matters referred to subparagraphs (a)(i) to (iii) were set out in such an item in the table.
Note: See section 798 for limits on the penalties that may be set out in the regulations.

Subsection 540(2)

Omit “(other than an outworker term)”.

Subsection 540(3)

Omit “to items 4, 7 and 14 in the table in subsection 539(2).”, substitute:
to:
(a)
items 4, 7 and 14 in the table in subsection 539(2); or
(b)
a contravention or proposed contravention of:
(i)
an outworker term in a modern award; or
(ii)
a term in an enterprise agreement that would be an outworker term if it were included in a modern award.

Subsection 540(4)

Omit all the words after “proposed contravention”, substitute:
of:
(a)
an outworker term in a modern award; or
(b)
a term in an enterprise agreement that would be an outworker term if it were included in a modern award;
only if the employee organisation is entitled to represent the industrial interests of an outworker to whom the term relates.

Subsection 558(2)

Omit “referred to in the relevant item in column 4 of the table in subsection 539(2) for contravening”, substitute “that a court could have ordered the person to pay under section 546 if the court was satisfied that the person had contravened”.

21A

Paragraph 722(a)

Omit “5 of Part 6‑1”, substitute “3 of Part 6‑4”.

21B

At the end of subsection 779(2)

Add “, or within such period as a court allows on an application made during or after those 14 days”.

21C

At the end of section 779

Add:
Note: In Brodie‑Hanns v MTV Publishing Ltd (1995) 67 IR 298, the Industrial Relations Court of Australia set down principles relating to the exercise of its discretion under a similarly worded provision of the Industrial Relations Act 1988.

Subsections 799(3) and (4)

Repeal the subsections.
Note: The heading to subsection 799(3) is deleted.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009	55, 2009	25 June 2009	Sch 1–5, Sch 6 (items 1–7), Sch 6A–22 and Sch 23 (items 1–2E, 8–22): 1 July 2009 (s 2(1) items 2, 3, 4A–9, 12–16) Sch 6 (items 18–28) and Sch 23 (items 3–7): 1 Jan 2010 (s 2(1) items 4, 10, 11) Remainder: 25 June 2009 (s 2(1) item 1)

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

55, 2009

25 June 2009

Sch 1–5, Sch 6 (items 1–7), Sch 6A–22 and Sch 23 (items 1–2E, 8–22): 1 July 2009 (s 2(1) items 2, 3, 4A–9, 12–16)

Sch 6 (items 18–28) and Sch 23 (items 3–7): 1 Jan 2010 (s 2(1) items 4, 10, 11)

Remainder: 25 June 2009 (s 2(1) item 1)

Fair Work (State Referral and Consequential and Other Amendments) Act 2009	54, 2009	25 June 2009	Sch 2 (items 1–32, 34–51): 1 July 2009 (s 2(1) items 5, 7) Sch 2 (item 33): 25 June 2009 (s 2(1) item 6)	—
Fair Work Amendment (State Referrals and Other Measures) Act 2009	124, 2009	9 Dec 2009	Sch 2 (items 1A–121) and Sch 3 (items 18–23): 1 Jan 2010 (s 2(1) items 10, 14) Sch 3 (items 17A–17E): 9 Dec 2009 (s 2(1) item 13A)	—
Statute Law Revision Act 2010	8, 2010	1 Mar 2010	Sch 2 (item 6): 1 Mar 2010 (s 2(1) item 9)	—
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Sch 2 (item 10): 22 Mar 2011 (s 2(1) item 9)	—
Fair Work Amendment Act 2012	174, 2012	4 Dec 2012	Sch 9 (items 1096–1258): 1 Jan 2013 (s 2(1) item 5)	—
as amended by
Fair Work Amendment Act 2013	73, 2013	28 June 2013	Sch 6 (items 12, 13): 1 Jan 2013 (s 2(1) item 16)	—
Fair Work Amendment (Transfer of Business) Act 2012	175, 2012	4 Dec 2012	Sch 1 (item 76): 5 Dec 2012 (s 2)	—
Federal Circuit Court of Australia (Consequential Amendments) Act 2013	13, 2013	14 Mar 2013	Sch 1 (items 251–263): 12 Apr 2013 (s 2(1) item 2)	—
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (items 222, 223): 5 Mar 2016 (s 2(1) item 2)	—
Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Act 2018	170, 2018	11 Dec 2018	Sch 3 (item 2): 12 Dec 2018 (s 2(1) item 3)	—
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021	13, 2021	1 Mar 2021	Sch 2 (items 404–416): 1 Sept 2021 (s 2(1) item 5)	—
Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022	79, 2022	6 Dec 2022	Sch 1 (items 318, 325 476-486): 7 Dec 2022 (s 2(1) items 18, 19)	Sch 1 (items 318, 325)

Endnote 4Amendment history

Provision affected	How affected
s 2.........................................	am No 54, 2009
Schedule 2
Part 1
item 2....................................	am No 54, 2009; No 124, 2009; No 174, 2012
Part 2
item 7....................................	am No 124, 2009
item 10...................................	am No 126, 2015
Part 3
item 12...................................	am No 124, 2009; No 174, 2012
item 13...................................	am No 174, 2012
Schedule 3
Part 2
item 2....................................	am No 54, 2009; No 124, 2009
item 2A..................................	ad No 54, 2009
am No 124, 2009
item 6....................................	am No 174, 2012
item 8A..................................	ad No 54, 2009
am No 174, 2012
Part 3
item 10...................................	am No 174, 2012
item 11...................................	am No 124, 2009; No 174, 2012
item 12...................................	am No 174, 2012
item 12A................................	ad No 54, 2009
am No 174, 2012
item 16...................................	am No 174, 2012; No 79, 2022
item 17...................................	am No 174, 2012
item 18...................................	am No 174, 2012
item 19...................................	am No 174, 2012
item 20...................................	am No 124, 2009; No 79, 2022
item 20A................................	ad No 79, 2022
Part 4
item 22...................................	am No 174, 2012
Part 5
Division 1
item 23...................................	am No 174, 2012
item 26...................................	am No 174, 2012
Division 2
item 29...................................	am No 54, 2009
Part 6
item 38...................................	am No 124, 2009
Part 7
Part 7.....................................	ad No 54, 2009
item 41...................................	ad No 54, 2009
item 42...................................	ad No 54, 2009
Part 8
Part 8.....................................	ad No 124, 2009
item 43...................................	ad No 124, 2009
Schedule 3A
Schedule 3A...........................	ad No 124, 2009
Part 1
item 1....................................	ad No 124, 2009
Part 2
item 2....................................	ad No 124, 2009
item 3....................................	ad No 124, 2009
item 4....................................	ad No 124, 2009
item 5....................................	ad No 124, 2009
item 6....................................	ad No 124, 2009
item 7....................................	ad No 124, 2009
item 8....................................	ad No 124, 2009
am No 174, 2012
item 9....................................	ad No 124, 2009
item 10...................................	ad No 124, 2009
item 11...................................	ad No 124, 2009
am No 175, 2012
item 12...................................	ad No 124, 2009
item 13...................................	ad No 124, 2009
am No 174, 2012
item 14...................................	ad No 124, 2009
item 15...................................	ad No 124, 2009
item 16...................................	ad No 124, 2009
item 17...................................	ad No 124, 2009
Part 3
item 18...................................	ad No 124, 2009
item 19...................................	ad No 124, 2009
am No 174, 2012
item 20...................................	ad No 124, 2009
am No 174, 2012
item 21...................................	ad No 124, 2009
item 22...................................	ad No 124, 2009
item 23...................................	ad No 124, 2009
am No 174, 2012; No 79, 2022
item 24...................................	ad No 124, 2009
am No 174, 2012
item 25...................................	ad No 124, 2009
am No 174, 2012
item 26...................................	ad No 124, 2009
am No 174, 2012
item 26A................................	ad No 79, 2022
item 27...................................	ad No 124, 2009
item 28...................................	ad No 124, 2009
Part 4
Division 1
item 29...................................	ad No 124, 2009
item 30...................................	ad No 124, 2009
Division 1A
item 30A................................	ad No 124, 2009
Division 2
item 31...................................	ad No 124, 2009
item 32...................................	ad No 124, 2009
am No 174, 2012
item 33...................................	ad No 124, 2009
am No 174, 2012
item 34...................................	ad No 124, 2009
item 35...................................	ad No 124, 2009
item 36...................................	ad No 124, 2009
Part 5
Division 1
item 37...................................	ad No 124, 2009
am No 174, 2012
item 38...................................	ad No 124, 2009
item 39...................................	ad No 124, 2009
item 40...................................	ad No 124, 2009
am No 174, 2012
Division 2
item 41...................................	ad No 124, 2009
item 42...................................	ad No 124, 2009
item 43...................................	ad No 124, 2009
item 44...................................	ad No 124, 2009
item 45...................................	ad No 124, 2009
item 46...................................	ad No 124, 2009
Division 3
item 47...................................	ad No 124, 2009
item 48...................................	ad No 124, 2009
item 49...................................	ad No 124, 2009
item 50...................................	ad No 124, 2009
item 51...................................	ad No 124, 2009
item 52...................................	ad No 124, 2009
Part 6
item 53...................................	ad No 124, 2009
item 54...................................	ad No 124, 2009
item 55...................................	ad No 124, 2009
item 56...................................	ad No 124, 2009
item 57...................................	ad No 124, 2009
item 58...................................	ad No 124, 2009
item 59...................................	ad No 124, 2009
item 60...................................	ad No 124, 2009
item 61...................................	ad No 124, 2009
Schedule 4
Part 3
Division 1
Division 1..............................	ad No 124, 2009
item 5A..................................	ad No 124, 2009
Division 2
Division 2..............................	ad No 124, 2009
item 15...................................	ad No 124, 2009
item 16...................................	ad No 124, 2009
item 17...................................	ad No 124, 2009
item 18...................................	ad No 124, 2009
item 19...................................	ad No 124, 2009
item 20...................................	ad No 124, 2009
item 21...................................	ad No 124, 2009
item 22...................................	ad No 124, 2009
Schedule 5
Schedule 5 heading..................	rs No 54, 2009
Part 2
item 2....................................	am No 124, 2009
item 3....................................	am No 54, 2009; No 174, 2012 (as am by No 73, 2013)
item 5....................................	am No 174, 2012
item 6....................................	am No 54, 2009; No 174, 2012
item 7....................................	am No 174, 2012
Part 3
item 9....................................	am No 174, 2012
item 10...................................	am No 174, 2012
Schedule 6
Part 2
Division 1
item 2....................................	am No 54, 2009; No 124, 2009
Division 2
item 4....................................	am No 174, 2012
item 5....................................	am No 174, 2012
item 6....................................	am No 174, 2012
item 7....................................	am No 174, 2012
item 9....................................	am No 124, 2009; No 174, 2012
item 10...................................	am No 174, 2012
Division 3
item 12...................................	am No 174, 2012
item 13...................................	am No 174, 2012
Schedule 6A
Schedule 6A...........................	ad No 54, 2009
Part 1
item 1....................................	ad No 54, 2009
Part 2
Division 1
item 2....................................	ad No 54, 2009
am No 124, 2009
Division 2
item 3....................................	ad No 54, 2009
item 4....................................	ad No 54, 2009
am No 174, 2012
item 5....................................	ad No 54, 2009
am No 124, 2009; No 174, 2012
item 6....................................	ad No 54, 2009
am No 174, 2012
item 7....................................	ad No 54, 2009
am No 174, 2012
item 8....................................	ad No 54, 2009
item 9....................................	ad No 54, 2009
item 10...................................	ad No 54, 2009
am No 174, 2012
item 11...................................	ad No 54, 2009
am No 174, 2012
item 12...................................	ad No 54, 2009
Division 3
item 13...................................	ad No 54, 2009
item 14...................................	ad No 54, 2009
am No 174, 2012
item 15...................................	ad No 54, 2009
am No 174, 2012
item 16...................................	ad No 54, 2009
item 17...................................	ad No 54, 2009
item 18...................................	ad No 54, 2009
Division 4
item 19...................................	ad No 54, 2009
item 20...................................	ad No 54, 2009
Schedule 7
Part 2
Division 2
item 3....................................	am No 54, 2009
item 9....................................	am No 124, 2009
Part 3
Division 1
item 13...................................	am No 54, 2009
Part 4
item 18...................................	am No 54, 2009; No 174, 2012
item 19...................................	am No 54, 2009; No 174, 2012
item 20...................................	am No 174, 2012
Part 4A
Part 4A..................................	ad No 124, 2009
item 20A................................	ad No 124, 2009
am No 174, 2012
item 20B................................	ad No 124, 2009
am No 174, 2012
item 20C................................	ad No 124, 2009
am No 174, 2012
Part 5
item 21...................................	am No 54, 2009
item 22...................................	am No 174, 2012
item 25...................................	am No 54, 2009
Part 7
Part 7.....................................	ad No 124, 2009
item 28...................................	ad No 124, 2009
am No 174, 2012
Part 8
Part 8.....................................	ad No 79, 2022
item 29...................................	ad No 79, 2022
item 30...................................	ad No 79, 2022
Schedule 8
Part 2
Division 8
item 27...................................	am No 54, 2009
Schedule 9
Part 3
Division 1
item 5....................................	am No 54, 2009
Division 2
item 10...................................	am No 174, 2012
Part 4
Part 4 heading.........................	rs No 124, 2009
item 14...................................	am No 174, 2012
Part 5
Part 5.....................................	ad No 124, 2009
Division 1
item 16...................................	ad No 124, 2009
item 17...................................	ad No 124, 2009
item 18...................................	ad No 124, 2009
am No 174, 2012
item 19...................................	ad No 124, 2009
Division 2
item 20...................................	ad No 124, 2009
am No 174, 2012
Schedule 10
Part 2
item 3....................................	am No 124, 2009
Part 3
item 4....................................	am No 174, 2012
item 5....................................	am No 54, 2009; No 174, 2012
Schedule 11
Part 2
item 2....................................	am No 54, 2009
item 5....................................	am No 54, 2009
Part 3
Division 1
Division 1 heading..................	rs No 124, 2009
item 6A..................................	ad No 124, 2009
item 8....................................	am No 54, 2009; No 124, 2009
Division 4
Division 4..............................	ad No 124, 2009
item 14...................................	ad No 124, 2009
item 15...................................	ad No 124, 2009
item 16...................................	ad No 124, 2009
am No 174, 2012
Schedule 12
item 4....................................	ad No 124, 2009
Schedule 12A
item 2....................................	am No 124, 2009
Schedule 13
Part 2
item 2....................................	am No 124, 2009
item 3....................................	am No 124, 2009
Part 3
item 4....................................	am No 124, 2009; No 174, 2012
item 6....................................	am No 124, 2009
Part 4
item 17...................................	am No 124, 2009
Part 5
Part 5 heading.........................	rs No 124, 2009
item 18...................................	am No 124, 2009; No 174, 2012
Part 6
item 20...................................	am No 124, 2009
Schedule 14
item 3....................................	am No 124, 2009
item 6....................................	am No 174, 2012
item 7....................................	am No 174, 2012
Schedule 15
item 4....................................	ad No 124, 2009
Schedule 16
item 3....................................	am No 174, 2012
item 4A..................................	ad No 124, 2009
item 4B..................................	ad No 124, 2009
am No 174, 2012
item 4C..................................	ad No 79, 2022
item 7A..................................	ad No 124, 2009
item 12...................................	am No 124, 2009; No 174, 2012
item 13...................................	am No 124, 2009; No 174, 2012
item 16...................................	am No 124, 2009; No 13, 2013; No 13, 2021; No 79, 2022
item 17...................................	am No 124, 2009; No 13, 2013; No 13, 2021
Schedule 17
Part 5
item 22...................................	am No 13, 2013; No 13, 2021
item 25...................................	am No 13, 2013; No 13, 2021
item 26...................................	am No 13, 2013; No 13, 2021
item 27...................................	am No 13, 2013
rs No 13, 2021
Schedule 18
Part 1
item 4....................................	rs No 174, 2012
item 6A..................................	ad No 170, 2018
Part 2
item 9....................................	am No 174, 2012
item 11...................................	am No 174, 2012
Part 3
item 13...................................	am No 54, 2009
item 14A................................	ad No 124, 2009
Part 4
item 20A................................	am No 5, 2011; No 174, 2012
Schedule 19
item 2....................................	am No 174, 2012
Schedule 20
item 1....................................	rs No 54, 2009
item 2....................................	am No 174, 2012 (as am by No 73, 2013)
item 3....................................	am No 174, 2012
item 7....................................	am No 174, 2012
Schedule 22
Part 5
item 244.................................	rep No 8, 2010
Part 9
item 621.................................	am No 174, 2012
item 622.................................	am No 174, 2012
item 623A..............................	ad No 124, 2009
item 624.................................	am No 174, 2012