Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3a_19
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3A cl 19
Character Range: 139245–140186

19  Variation to remove ambiguities etc.
(1) On application by a person covered by a Division 2B State instrument, the FWC may make a determination varying the instrument:
 (a) to remove an ambiguity or uncertainty in the instrument; or
 (b) if the instrument is a Division 2B State employment agreement—to resolve an uncertainty or difficulty relating to the interaction between the instrument and a modern award; or
 (c) to remove terms that are inconsistent with Part 3‑1 of the FW Act (which deals with general protections), or to vary terms to make them consistent with that Part.
Note: For variation of a Division 2B State instrument to resolve an uncertainty or difficulty relating to the interaction between the instrument and the National Employment Standards, see item 40.
(2) A variation of a Division 2B State instrument operates from the day specified in the determination, which may be a day before the determination is made.