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Industrial Relations Act 2016
sec.229Termination of bargaining awards and conversion into modern awards
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### sec.229 Termination of bargaining awards and conversion into modern awards
This section applies if, after the nominal expiry date of a bargaining award, either of the following events (each a conversion event ) happens—
the commission certifies a certified agreement that applies to any of the parties to the bargaining award;
an arbitration determination is made that applies to any of the parties to the bargaining award.
When the conversion event happens, the bargaining award—
stops having effect as a bargaining award; and
is taken to be, and starts operating as, a modern award.
Subsection (2) (b) applies despite section 155 .
Despite section 153 , the modern award that takes effect under subsection (2) applies to the employees, employers and organisations to whom the bargaining award applied immediately before the conversion event happened.
Sections 143 to 147 and 160 do not apply in relation to the modern award taking effect under subsection (2) (b) .
(sec.229-ssec.1) This section applies if, after the nominal expiry date of a bargaining award, either of the following events (each a conversion event ) happens— the commission certifies a certified agreement that applies to any of the parties to the bargaining award; an arbitration determination is made that applies to any of the parties to the bargaining award.
(sec.229-ssec.2) When the conversion event happens, the bargaining award— stops having effect as a bargaining award; and is taken to be, and starts operating as, a modern award.
(sec.229-ssec.3) Subsection (2) (b) applies despite section 155 .
(sec.229-ssec.4) Despite section 153 , the modern award that takes effect under subsection (2) applies to the employees, employers and organisations to whom the bargaining award applied immediately before the conversion event happened.
(sec.229-ssec.5) Sections 143 to 147 and 160 do not apply in relation to the modern award taking effect under subsection (2) (b) .
- (a) the commission certifies a certified agreement that applies to any of the parties to the bargaining award;
- (b) an arbitration determination is made that applies to any of the parties to the bargaining award.
- (a) stops having effect as a bargaining award; and
- (b) is taken to be, and starts operating as, a modern award.