Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3_2:p2
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3 cl 2 (pt 2/2)
Character Range: 41490–42910

Act repeal day under the provisions that continue to apply because of item 8A, the State reference common rule becomes a transitional instrument when the common rule comes into effect.
(4) If an ITEA is made during the bridging period under Division 7 of Part 2 of Schedule 8, the ITEA becomes a transitional instrument when it is made.
(4A) A Division 2B State reference transitional award becomes a transitional instrument on the Division 2B referral commencement. The Division 2B referral commencement is the time when Division 2B of Part 1‑3 of the FW Act commences.
(5) Transitional instruments are classified as follows:
 (a) awards, State reference transitional awards or common rules, and notional agreements preserving State awards, are award‑based transitional instruments;
 (b) all other kinds of transitional instruments are agreement‑based transitional instruments;
 (c) agreement‑based transitional instruments of the following kinds are collective agreement‑based transitional instruments:
 (i) collective agreements;
 (ii) workplace determinations;
 (iii) preserved collective State agreements;
 (iv) pre‑reform certified agreements;
 (v) old IR agreements;
 (vi) section 170MX awards;
 (d) agreement‑based transitional instruments of the following kinds are individual agreement‑based transitional instruments:
 (i) ITEAs;
 (ii) preserved individual State agreements;
 (iii) AWAs;
 (iv) pre‑reform AWAs.