Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3_9
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3 cl 9
Character Range: 56376–57690

9  Transitional instruments can only be varied or terminated in limited circumstances
(1) A transitional instrument cannot be varied except under:
 (a) a provision of this Part or the regulations; or
 (b) item 26 (which deals with resolving difficulties with the interaction between transitional instruments and the National Employment Standards); or
 (c) Part 2 of Schedule 5 (which deals with the WR Act award modernisation process); or
 (d) Division 2 of Part 2 of Schedule 6 (which deals with the enterprise instrument modernisation process); or
 (e) Schedule 8 (which deals with workplace agreements and workplace determinations made under the WR Act); or
 (f) Schedule 11 (which deals with transfer of business); or
 (g) Part 3 of Schedule 2 (which deals with conduct before the WR Act repeal day).
(2) A transitional instrument cannot be terminated (or otherwise brought to an end) except under:
 (a) a provision of this Part or the regulations; or
 (b) Part 2 of Schedule 5; or
 (c) Division 2 of Part 2 of Schedule 6; or
 (d) Schedule 8; or
 (e) Schedule 11; or
 (f) Part 3 of Schedule 2.
Note: The references in paragraphs (1)(a) and (2)(a) to a provision of this Part or the regulations includes a reference to a provision of the WR Act or the FW Act as it applies because of a provision of this Part.