Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3a_18
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3A cl 18
Character Range: 138106–139245

18  Division 2B State instruments can only be varied or terminated in limited circumstances
(1) A Division 2B State instrument cannot be varied except under:
 (a) a provision of this Part or the regulations; or
 (b) item 8 (which deals with terms about disputes relating to matters arising under Division 2B State employment agreements); or
 (c) item 40 (which deals with resolving difficulties with the interaction between Division 2B State instruments and the National Employment Standards); or
 (d) Part 6 of this Schedule (which deals with ongoing operation of State laws for transitional purposes); or
 (e) Division 2 of Part 2 of Schedule 6 (which deals with the enterprise instrument modernisation process); or
 (f) item 20 of Schedule 9 (which deals with variation of Division 2B State awards in annual wage reviews); or
 (g) Schedule 11 (which deals with transfer of business).
(2) A Division 2B State instrument cannot be terminated (or otherwise brought to an end) except under:
 (a) a provision of this Part or the regulations; or
 (b) Part 6 of this Schedule; or
 (c) Division 2 of Part 2 of Schedule 6; or
 (d) Schedule 11.