Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:7a_5
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 7A cl 5
Character Range: 73600–74587

5  Restriction on varying AWAs

 (1) Despite Division 8 of Part 8 of the pre‑transition Act, a variation of an AWA cannot be made after the commencement of this Schedule.

Note: Under section 368 of the pre‑transition Act, a variation of an AWA was made when it was approved in accordance with section 373 of the pre‑transition Act.

 (2) Despite subsection 380(2) of the pre‑transition Act, a variation of an AWA comes into operation only if:
 (a) it was lodged with the Workplace Authority Director before the commencement of this Schedule; or
 (b) it is lodged, in accordance with section 377 of the pre‑transition Act, within 14 days after the commencement of this Schedule.

 (3) However, this clause does not prevent:
 (a) variation of an AWA in circumstances referred to in paragraph 367(2)(aa), (b), (c) or (d) of the pre‑transition Act; or
 (b) the application of subsection 380(2) of the pre‑transition Act in relation to a variation of an AWA in any of those circumstances.