Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_123b
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 123B
Character Range: 546064–547194

123B  Transferring employees in relation to particular instrument

 (1) A transferring employee is a transferring employee in relation to a particular instrument if:
 (a) the instrument applied to the transferring employee's employment with the old employer immediately before the time of transmission; and
 (b) when the transferring employee becomes employed by the new employer, the nature of the transferring employee's employment with the new employer is such that the instrument is capable of applying to employment of that nature.

 (2) The transferring employee ceases to be a transferring employee in relation to the instrument if:
 (a) the transferring employee ceases to be employed by the new employer after the time of transmission; or
 (b) the nature of the transferring employee's employment with the new employer changes so that the instrument is no longer capable of applying to employment of that nature; or
 (c) the transmission period ends.
Paragraph (c) does not apply if the instrument is an APCS.

 (3) This section applies to a preserved APCS as if it were an instrument.

Division 3—Transmission of AWA