Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3a_40
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3A cl 40
Character Range: 172208–172924

40  Resolving difficulties about application of this Division
(1) On application by a person covered by a Division 2B State instrument, the FWC may make a determination varying the 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 Division 2B State instrument operates from the day specified in the determination, which may be a day before the determination is made.

Division 2—Interaction between Division 2B State instruments and FW Act modern awards, enterprise agreements and workplace determinations