Section 45 — Fair Work Act 2009: Resolving uncertainties and difficulties about interaction between enterprise agreements and the definition of casual employee and casual conversion rights

(1) On application by an employer, employee or employee organisation covered by an enterprise agreement that was made before commencement, the FWC may make a determination varying the agreement: (a) to resolve an uncertainty or difficulty relating to the interaction between the agreement and any of the following: (i) the definition of casual employee in section 15A of the amended Act (including to deal with uncertainty or difficulty arising from the circumstances in which employees are to be employed as casual employees under the agreement); (ii) the provisions of Division 4A of Part 2-2 of the amended Act; or (b) to make the agreement operate effectively with that section or those provisions. (2) A variation of an enterprise agreement under this clause operates from the day specified in the determination, which may be a day before the determination is made.