Section 10 — Fair Work Act 2009: FWC to vary certain modern awards

(1) This clause applies in relation to a modern award if the award: (a) is made before 1 January 2014; and (b) is in operation on that day; and (c) immediately before that day, does not include a term (the relevant term) of the kind mentioned in section 149A of the amended Act. (2) The FWC must, by 31 December 2013, make a determination varying the modern award to include the relevant term. (3) A determination made under subclause (2) comes into operation on (and takes effect from) 1 January 2014. (4) Section 168 applies to a determination made under subclause (2) as if it were a determination made under Part 2-3.