Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:11_8
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 11 cl 8
Character Range: 417426–419086

8  Modification—application of FW Act in relation to transitional instruments
(1) Subsection 312(1) of the FW Act applies in relation to the transfer of business as if the following paragraph were added at the end:
 ; (d) a transitional instrument (other than a workplace agreement or a workplace determination that has not yet come into operation and other than a State reference common rule).
(2) Except as provided in subitems (3) to (5), Part 2‑8 of the FW Act applies in relation to the transfer of business as if:
 (a) a reference to an enterprise agreement included a reference to an agreement‑based transitional instrument; and
 (b) a reference to a modern award included a reference to an award‑based transitional instrument, other than a State reference common rule.
(3) Paragraph (2)(a) does not apply in relation to the reference to an enterprise agreement in paragraph 312(1)(a) of the FW Act.
(4) Paragraph (2)(b) does not apply in relation to the reference to a modern award in subsection 312(2) of the FW Act.
(5) The following provisions of Part 2‑8 of the FW Act apply in relation to the transfer of business as if a reference to an enterprise agreement included a reference to a collective agreement‑based transitional instrument:
 (a) subsection 315(3);
 (b) paragraphs 318(1)(b) and (2)(c);
 (c) paragraphs 319(1)(c) and (2)(c).
(6) Paragraph 319(1)(b) of the FW Act applies in relation to the transfer of business as if the words "(other than an individual agreement‑based transitional instrument)" were inserted after the words "a transferable instrument".

Division 2—Transfer of preserved redundancy provisions during bridging period