Document ID: chunk:federal_register_of_legislation:C2012C00794:clause:2_12a
Version: federal_register_of_legislation:C2012C00794
Segment Type: clause
Provision Reference: sch 2 cl 12A
Character Range: 41362–43667

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

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 FWA continuing to deal with a matter that it was dealing with before the end of the bridging period.

(5) In an annual wage review, FWA 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.