Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:7b_2
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 7B cl 2
Character Range: 77766–79333

2  Continuing operation of fairness test and protected award conditions to pre‑transition collective agreements

 (1) Subject to this Schedule, the following provisions of the pre‑transition Act continue to apply in relation to a pre‑transition collective agreement, despite the repeals and amendments made by the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008:
 (a) paragraph 150B(1)(f);
 (b) subsection 164A(7);
 (c) Division 5A of Part 8;
 (ca) subsections 347(1) and (2);
 (d) paragraphs 347(4)(ba) and (bb);
 (e) subsections 347(8A) and (9A);
 (f) section 354;
 (g) section 355;
 (h) paragraph 367(2)(aa);
 (i) paragraphs 407(2)(jb) to (jd);
 (j) sections 416 to 418;
 (k) subsection 506(5);
 (l) any other provision relating to the operation of the provisions mentioned in the preceding paragraphs.

 (2) Regulations made under the pre‑transition Act, to the extent that they relate to the provisions mentioned in subclause (1), continue to apply in relation to a pre‑transition collective agreement.

 (3) To the extent that provisions of the pre‑transition Act, and the regulations made under the pre‑transition Act, continue to apply in relation to a pre‑transition collective agreement, the corresponding provisions of this Act do not apply to the agreement.

 (4) The provisions of this Act (other than the corresponding provisions referred to in subclause (3)) apply in relation to a pre‑transition collective agreement as if references in those provisions to the no‑disadvantage test were references to the fairness test.