Document ID: chunk:federal_register_of_legislation:C2009A00124:clause:3a_29
Version: federal_register_of_legislation:C2009A00124
Segment Type: clause
Provision Reference: sch 3A cl 29
Character Range: 91023–92331

29  FWA to consider varying modern awards to continue effect of terms of Division 2B State awards
(1) During the period of 12 months starting on the Division 2B referral commencement, FWA:
 (a) must consider whether any modern awards should be varied to include terms in relation to which the following conditions are satisfied:
 (i) the purpose of including the terms is to continue (in whole or in part) the effect of terms that are contained in a Division 2B State award, other than a Division 2B enterprise award;
 (ii) the terms only relate to employees, employers or other persons covered by the Division 2B State award;
 (iii) the terms deal with matters of a kind that are permitted by section 136 of the FW Act to be included in modern awards; and
 (b) may make one or more determinations varying modern awards to include such terms.
(2) Terms may be included in a modern award in accordance with this item despite section 154 of the FW Act.
(3) Terms included in a modern award in accordance with this item:
 (a) take effect at the end of 12 months after the Division 2B referral commencement; and
 (b) cease to have effect:
 (i) at the end of 5 years after the Division 2B referral commencement; or
 (ii) if the terms are expressed to cease to have effect at an earlier time—at that earlier time.