(1) Despite section 1006, section 9 of the repealed Act continues to apply to an industrial instrument or federal industrial instrument that—(a) was in force immediately before the commencement; and(b) was made on or before 1 September 2005, other than a certified agreement if the application to certify the agreement was made after 1 September 2005; and(c) was a pre-modernisation industrial instrument.
(2) Despite section 1006, section 9A of the repealed Act continues to apply to an industrial instrument or federal industrial instrument that—(a) was in force immediately before the commencement; and(b) was made after 1 September 2005, other than a certified agreement if the application to certify the agreement was made on or before 1 September 2005; and(c) was a pre-modernisation industrial instrument.