Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_84
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 84
Character Range: 1001484–1003378

84  Variation of common rules before the reform commencement

 (1) Despite the repeal of sections 142 and 493A by the Workplace Relations Amendment (Work Choices) Act 2005, if:
 (a) before the reform commencement, the Commission varied a term of an award that was a common rule in Victoria for an industry; and
 (b) before the reform commencement, a Registrar published a notice under repealed subsection 142(4) (as applied by repealed section 493A) inviting any organisation or person interested and wanting to be heard to lodge notice of objection to the variation binding the organisation or person; and
 (c) either:
 (i) the prescribed time (as defined by repealed subsection 142(8)) had not expired before the reform commencement; or
 (ii) a notice of objection was lodged before the reform commencement, but the hearing of the objection had not been finally disposed of before the reform commencement;
then, to the extent to which the variation relates to a common rule that continues to have effect because of this Subdivision, repealed subsections 142(4) to (8) and repealed section 493A continue to apply, in relation to the variation, as if those repeals had not happened.

 (2) Despite the repeal of sections 142 and 493A by the Workplace Relations Amendment (Work Choices) Act 2005, if, after the reform commencement, the Commission makes a declaration under repealed subsection 142(5) (as it continues to apply because of subclause (1) of this clause), the declaration continues to have effect, until:
 (a) the revocation of the declaration; or
 (b) the end of the transitional period;
whichever comes first, as if those repeals had not happened.

 (3) Paragraph 46(1)(d) applies to a declaration under repealed subsection 142(5) (as it continues to apply because of subclause (1) of this clause) as if the declaration were a decision of the Commission made under this Schedule.