Fair Work Act 2009
Sch 1 s 63Resolving uncertainties and difficulties about interaction between enterprise agreements and the provisions of Division 5 of Part 2-9
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63 Resolving uncertainties and difficulties about interaction between enterprise agreements and the provisions of Division 5 of Part 2‑9
(1) On application by an employer or employee covered by an enterprise agreement that was made before the commencement of Part 10 of Schedule 1 to the amending Act, the FWC may make a determination varying the enterprise agreement to resolve an uncertainty or difficulty relating to the interaction between the enterprise agreement and the provisions of Division 5 of Part 2‑9.
(2) A variation of an enterprise agreement under this clause operates from the day specified in the determination, which may be a day before the enterprise agreement is made.