Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:6_9
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 6 cl 9
Character Range: 242849–245020

9  Variation and termination of certain instruments to take account of enterprise instrument modernisation process
(1) If the FWC makes a modern enterprise award to replace an enterprise preserved collective State agreement, the agreement terminates when the modern award comes into operation.
(2) The FWC must, as soon as practicable after a modern enterprise award that is made to replace an enterprise instrument comes into operation:
 (a) terminate the enterprise instrument (if it has not already terminated under subitem (1)); and
 (b) vary or terminate (as appropriate) any of the following (modernisable instruments):
 (i) other award‑based transitional instruments;
 (ii) transitional APCSs;
 (iii) other Division 2B State awards;
  so that employees who were covered by the enterprise instrument are no longer covered by those modernisable instruments.
Note 1: The main provisions about transitional instruments are in Schedule 3, the main provisions about transitional APCSs are in Schedule 9, and the main provisions about Division 2B State awards are in Schedule 3A.
Note 2: This item does not limit the effect of any other provision of this Act under which a modernisable instrument ceases to cover a person from a time earlier than when the instrument is terminated or varied under this item.
(3) If the FWC decides not to make a modern enterprise award to replace an enterprise instrument, the instrument terminates when that decision comes into operation.
(3A) Despite subitem (3), if, before the FW (safety net provisions) commencement day, the FWC makes a decision not to make a modern enterprise award to replace an enterprise instrument, the decision must not come into operation before the FW (safety net provisions) commencement day.
(4) If, by the end of the period specified in paragraph 4(3)(b), no application under item 4 or 5 has been made in relation to an enterprise instrument, the instrument terminates at the end of that period.
(5) As soon as practicable after all modern enterprise awards made in the enterprise instrument modernisation process have come into operation, the FWC must terminate any remaining modernisable instruments.