Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009

FWA may make an order varying a modern award if FWA considers that the variation is necessary to give effect to the award modernisation request as it was in effect immediately before 1 January 2010.

However, FWA may make the order only:

if:

the Australian Industrial Relations Commission had received an application before 1 January 2010 to vary a modern award to give effect to the award modernisation request; and

the Commission did not make a decision on the application before 1 January 2010; or

on its own initiative.

For subitem (2):

FWA must have regard to the terms of the award modernisation request and the matters to which the Commission was required to have regard, immediately before 1 January 2010, in conducting the award modernisation process; and

FWA must have regard to submissions made to the Commission during the award modernisation process, if FWA considers that it is appropriate to do so.

For the purpose of making the variation, FWA may inform itself in such manner as it considers appropriate. FWA will be able to seek, and have regard to, new submissions.

Subitems (1) to (3) cease to have effect at the end of 31 March 2010.