Industrial Relations Act 2016

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).