Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_72g
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 72G
Character Range: 980445–982939

72G  Transmission of transitional award

New transitional employer bound by transitional award

 (1) If:
 (a) the old transitional employer was, immediately before the time of transmission, bound by a transitional award that regulated the employment of employees of the old transitional employer; and
 (b) there is at least one transferring transitional employee in relation to the transitional award; and
 (c) but for this clause, the new transitional employer would not be bound by the transitional award in relation to the transferring transitional employees in relation to the transitional award; and
 (d) the new transitional employer is a transitional employer at the time of transmission;
the new transitional employer is bound by the transitional award by force of this clause.

Note 1: Paragraph (c)—the transitional award might already bind the new transitional employer, for example, because the new transitional employer happens to be a respondent to the transitional award.

Note 2: The new transitional employer must notify transferring transitional employees and lodge a copy of a notice with the Employment Advocate (see clauses 72J and 72K).

Period for which new transitional employer remains bound

 (2) The new transitional employer remains bound by the transitional award, by force of this clause, until whichever of the following first occurs:
 (a) the transitional award is revoked;
 (b) there cease to be any transferring transitional employees in relation to the transitional award;
 (c) the new transitional employer ceases to be bound by the transitional award under Part 5;
 (d) the transmission period ends;
 (e) the transitional period ends.

New transitional employer bound only in relation to employment of transferring transitional employees

 (3) The new transitional employer is bound by the transitional award, by force of this clause, only in relation to the employment of employees who are transferring transitional employees in relation to the transitional award.

Commission order

 (4) Subclauses (1) and (2) have effect subject to any order of the Commission.

 (5) To avoid doubt, the Commission cannot make an order under subclause (4) that would have the effect of extending the transmission period.

Old transitional employer's rights and obligations that arose before time of transmission not affected

 (6) This clause does not affect the rights and obligations of the old transitional employer that arose before the time of transmission.