Some employers created agreements before the Fair Work Act started in 2009.
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Division 2B State instruments
Before 1 January 2010, states had different awards and agreements. Division 2B State instruments are based on those awards and agreements.
Agreement-based transitional instruments
Before the start of the Fair Work Act 2009, several types of agreements were in place. We call these transitional instruments. They include:
- Collective agreements: the Workplace Authority approved these until 2009.
- Certified agreements: the Australian Industrial Relations Commission certified these until 2006. The Workplace Authority changed or extended these up to 31 December 2009.
- Preserved state agreements: state awards that became federal agreements under the Workplace Relations Amendment (Work Choices) Act 2005.
These have all passed their nominal expiry date. They continue to operate until:
- someone applies to end the transitional instrument OR
- they are replaced by a new agreement with the same coverage.
Options for historical instruments
To end or vary a historical instrument, you need to apply to us.
End an instrument
Change an instrument
The Fair Work Act only allows changes to transitional instruments in very few cases. If the instrument covers you, you can only apply to vary it to:
- remove something that is ambiguous or uncertain
- remove terms that are not consistent with Part 3-1 of the Fair Work Act (general protections) or change terms to make them consistent with Part 3-1
- resolve an issue where the instrument and a modern award cross over.
To apply for one of these reasons, use Form F25 – Application to vary a transitional instrument.