Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_82
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 82
Character Range: 998849–1000367

82  Common rules continue to have effect during the transitional period

 (1) Despite the repeal of sections 141, 142 and 493A by the Workplace Relations Amendment (Work Choices) Act 2005, if, immediately before the reform commencement, a common rule had effect because of repealed section 493A, the common rule continues to have effect, to the extent to which it regulates employers in respect of the employment of their employees, until:
 (a) the revocation of the underlying award; or
 (b) the revocation of the relevant declaration that was made under repealed subsection 141(1) (as that subsection had effect because of repealed section 493A); or
 (c) the end of the transitional period;
whichever comes first, as if those repeals had not happened.

 (2) For this purpose:
 (a) the underlying award is taken to be the relevant transitional award, and
 (b) the relevant declaration under repealed subsection 141(1) (as that subsection had effect because of repealed section 493A) is to be construed accordingly.

 (3) Subclause (1) has effect subject to:
 (a) clause 85; and
 (b) subsection 45(7) (including that subsection as applied by subsection 109(4)).

 (4) Paragraph 46(1)(d) applies to a declaration under repealed subsection 141(1) (as that subsection had effect because of repealed section 493A), to the extent to which the declaration relates to a common rule that continues to have effect because of this Subdivision, as if the declaration were a decision of the Commission made under this Schedule.