Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:11_5
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 11 cl 5
Character Range: 412069–414585

5  Modification—applications to Commission in relation to transmission of certain transitional instruments

Certain provisions have effect subject to orders of the Commission
(1) Subsection 585(1) of the WR Act (as it continues to apply because of subitem 2(2) of this Schedule) and subitem 3(1) of this Schedule (to the extent that it applies in relation to a transitional instrument that is a collective agreement) have effect subject to any order of the Commission under section 590 of the WR Act (as that section continues to apply because of subitem 2(2) of this Schedule).
(2) Subsection 595(1) of the WR Act (as it continues to apply because of subitem 2(2) of this Schedule) and subitem 3(1) of this Schedule (to the extent that it applies in relation to a transitional instrument that is an award or a State reference transitional award) have effect subject to any order of the Commission (other than an order that would have the effect of extending the transmission period).
(3) Subclauses 10(1), (2) and (3) of Schedule 9 to the WR Act (as they continue to apply because of subitem 2(3) of this Schedule) and subitems 3(1) and (2) of this Schedule (to the extent that they apply in relation to a transitional instrument that is a pre‑reform certified agreement) have effect subject to any order of the Commission under clause 14 of Schedule 9 to the WR Act (as that clause continues to apply because of subitem 2(3) of this Schedule).
(4) Subclause 19(1) of Schedule 9 to the WR Act (as it continues to apply because of subitem 2(3) of this Schedule) and subitem 3(1) of this Schedule (to the extent that it applies in relation to a transitional instrument that is a State transitional instrument) have effect subject to any order of the Commission under clause 23 of Schedule 9 to the WR Act (as that clause continues to apply because of subitem 2(3) of this Schedule).

Time within which application to Commission may be made
(5) The following provisions of the WR Act (as they continue to apply because of item 2 of this Schedule) are modified by omitting "before, at or after the transfer time" and substituting "not later than 90 days after the WR Act repeal day":
 (a) section 591 (which deals with collective agreements);
 (b) clause 15 of Schedule 9 (which deals with pre‑reform certified agreements);
 (c) clause 24 of Schedule 9 (which deals with State transitional instruments).
(6) An application for an order under subitem (2) may be made not later than 90 days after the WR Act repeal day.