Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:5_2
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 5 cl 2
Character Range: 212829–215370

2  AIRC to continue and complete the award modernisation process
(1) The Australian Industrial Relations Commission is to continue and complete the award modernisation process provided for by Part 10A of the WR Act (the Part 10A award modernisation process).
Note: Enterprise award etc. modernisation is provided for in Schedule 6.
(2) For that purpose, Part 10A of the WR Act continues to apply on and after the WR Act repeal day in accordance with this Part.
(3) Without limiting subitem (2), the request under section 576C of the WR Act continues to apply on and after the WR Act repeal day, and may be varied in accordance with that section.
(3A) Part 10A of the WR Act applies as if:
 (a) a reference to an employee were a reference to a national system employee; and
 (b) a reference to an employer were a reference to a national system employer; and
 (c) all the words after "eligible entity" in paragraph 576K(2)(b) were omitted and the words "may arrange for work to be performed for the entity (either directly or indirectly), if the work is of a kind that is often performed by outworkers" were substituted; and
 (d) the definition of eligible entity in section 576U were omitted; and
 (e) subsection 576Z(4) were omitted; and
 (f) a reference to an eligible entity were a reference to an outworker entity within the meaning of the FW Act; and
 (g) subsection 576K(1) were omitted; and
 (h) a reference to an outworker in subsection 576K(2) were a reference to an outworker within the meaning of the FW Act; and
 (i) the definition of outworker term in section 576U were omitted; and
 (j) a reference to an outworker term in section 576V were a reference to an outworker term within the meaning of the FW Act.
(4) The Australian Industrial Relations Commission's power under section 576H of the WR Act to vary a modern award cannot be exercised after the modern award has come into operation.
(5) In continuing and completing the Part 10A award modernisation process, the Australian Industrial Relations Commission must have regard to:
 (a) the state of the national economy; and
 (b) the likely effects on the national economy of any modern award that the Commission is considering, or is proposing to make, with special reference to likely effects on the level of employment and on inflation; and
 (c) the likely effects on the relevant industry or industry sector of any modern award that the Commission is considering, or is proposing to make, including on productivity, labour costs and the regulatory burden on businesses.