Fair Work Act 2009
Sch 1 s 138BApplication of amendments to intractable bargaining workplace determinations made before commencement
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138B Application of amendments to intractable bargaining workplace determinations made before commencement
(1) This clause applies in relation to an intractable bargaining workplace determination made before the commencement of Part 9A of Schedule 1 to the amending Act (the original determination).
(2) On application by an employer, employee or employee organisation covered by the original determination, the FWC must make a determination (a variation) varying the original determination where required so as to give effect to sections 270A and 273 as amended by that Part.
(3) An application under subclause (2) must be made before the end of the period of 12 months commencing on the day that Part commences.
(4) The FWC may make a variation despite paragraph 603(3)(c).
(5) Any variation must be made by a Full Bench.
(6) A variation operates from the day specified by the FWC in the variation, which must not be a day before the variation is made.