Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3_11
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3 cl 11
Character Range: 58592–59267

11  All kinds of transitional instrument: variation on referral by AHRC
(1) This item applies if a transitional instrument is referred to the FWC under section 46PW of the Australian Human Rights Commission Act 1986 (which deals with discriminatory industrial instruments).
(2) If the instrument is an award‑based transitional instrument, section 161 of the FW Act applies in relation to the referral of the instrument as if the instrument were a modern award.
(3) If the transitional instrument is an agreement‑based transitional instrument, section 218 of the FW Act applies in relation to the referral of the instrument as if the instrument were an enterprise agreement.