Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3_2:p1
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3 cl 2 (pt 1/2)
Character Range: 38891–41724

2  WR Act instruments that continue in existence as transitional instruments
(1) Each WR Act instrument (see subitem (2)) that becomes a transitional instrument (see subitems (3) to (4A)) continues in existence in accordance with this Schedule from when it becomes a transitional instrument, despite the WR Act repeal.
Note: In addition to provisions of this Schedule, the following other provisions affect the continued existence of transitional instruments:
(a) Part 2 of Schedule 5 (which deals with the WR Act award modernisation process);
(b) Division 2 of Part 2 of Schedule 6 (which deals with the enterprise instrument modernisation process);
(c) Schedule 8 (which deals with workplace agreements and workplace determinations made under the WR Act, including the making of ITEAs during the bridging period);
(d) Schedule 11 (which deals with transfer of business);
(e) Part 3 of Schedule 2 (which deals with conduct before the WR Act repeal day).
(2) Each of the following instruments is a WR Act instrument:
 (a) an award;
 (aa) a State reference transitional award or common rule;
 (b) a notional agreement preserving State awards;
 (c) a workplace agreement;
 (d) a workplace determination;
 (e) a preserved State agreement;
 (f) an AWA;
 (g) a pre‑reform certified agreement;
 (h) a pre‑reform AWA;
 (i) an old IR agreement;
 (j) a section 170MX award.
Note 1: Workplace agreements are either collective agreements or ITEAs.
Note 2: Preserved State agreements are either preserved collective State agreements or preserved individual State agreements.
Note 3: For transitional provisions relating to Division 2 of Part 7 of the WR Act (which deals with wages), see Schedule 9.
Note 4: For transitional provisions relating to other transitional awards, see Schedule 20.
(3) The following WR Act instruments become transitional instruments on the WR Act repeal day:
 (a) each WR Act instrument (other than a Division 2B State reference transitional award) that was in operation immediately before the WR Act repeal day;
 (b) each workplace agreement or workplace determination made before the WR Act repeal day but that had not yet come into operation by that day;
 (c) any other WR Act instrument that, although not in operation immediately before the WR Act repeal day, could come into operation after that day because of an instrument interaction rule.
Note: Victorian employment agreements are not continued as transitional instruments. For provisions relating to these agreements, see Part 7 of this Schedule.
(3A) If a State reference common rule comes into effect on or after the WR Act repeal day under the provisions that continue to apply because of item 8A, the State reference common rule becomes a transitional instrument when the common rule comes into effect.
(4) If an ITEA is made during the bridging period