Document ID: chunk:federal_register_of_legislation:C2012C00794:clause:6a_10
Version: federal_register_of_legislation:C2012C00794
Segment Type: clause
Provision Reference: sch 6A cl 10
Character Range: 62202–63610

10  Variation and termination of State reference public sector transitional awards to take account of the modernisation process

(1) If a State reference public sector modern award completely replaces a State reference public sector transitional award, the transitional award terminates when the modern award comes into operation.

(2) If a State reference public sector modern award partially replaces a State reference public sector transitional award, FWA must, as soon as practicable after the modern award comes into operation, vary the transitional award so that employees who are covered by the modern award are no longer covered by the transitional award.

(3) For the purposes of this item:
 (a) the modern award completely replaces the transitional award if all the employees who are covered by the transitional award become covered by the modern award when it comes into operation; and
 (b) the modern award partially replaces the transitional award if only some of the employees who are covered by the transitional award become covered by the modern award when it comes into operation.

Note: This item does not limit the effect of any other provision of this Act under which a transitional instrument (a State reference public sector transitional award is a transitional instrument) ceases to cover a person from a time earlier than when the instrument is terminated or varied under this item.