Fair Work Act 2009
Sch 3 s 6Part 3 of Schedule 4 to the amending Act
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6 Part 3 of Schedule 4 to the amending Act
(1) The amendment made by Part 3 of Schedule 4 to the amending Act (which is about unlawful terms) applies in relation to enterprise agreements that are made before or after the commencement of that Part.
(2) However, if:
(a) an enterprise agreement that was made before the commencement of that Part included a term referred to in paragraph 194(ba) (as inserted by Part 3 of Schedule 4 to the amending Act); and
(b) a person made an election in accordance with that term before the commencement of that Part;
then the amendment does not apply in relation to that person.