Sch 4 s 5Part 4 of Schedule 1 to the amending Act

5 Part 4 of Schedule 1 to the amending Act

Application of amendments

(1) The amendment made by item 19 of Schedule 1 to the amending Act applies in relation to a modern award that is in operation on or after 1 January 2014, whether or not the award was made before that day.

(2) The amendments made by items 20 and 21 of Schedule 1 to the amending Act apply in relation to an enterprise agreement that is made after the commencement of Part 4 of that Schedule.

Transitional provision

(3) If:

(a) a modern award is made before 1 January 2014; and

(b) the modern award is in operation on that day; and

(c) immediately before that day, the modern award does not include a term (the relevant term) of the kind mentioned in section 145A (as inserted by item 19 of Schedule 1 to the amending Act);

then the FWC must, by 31 December 2013, make a determination varying the modern award to include the relevant term.

(4) A determination made under subclause (3) comes into operation on (and takes effect from) 1 January 2014.

(5) Section 168 applies to a determination made under subclause (3) as if it were a determination made under Part 2‑3.