Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_127
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 127
Character Range: 566192–567240

127  Transmission of APCS

New employer bound by APCS

 (1) If:
 (a) immediately before the time of transmission, an employee's employment with the old employer was covered by an APCS; and
 (b) the employee is a transferring employee in relation to the APCS; and
 (c) but for this section, the transferring employee's employment with the new employer would not be covered by the APCS;
the transferring employee's employment with the new employer is covered by the APCS by force of this section.

Employee ceasing to be transferring employee

 (2) The transferring employee's employment with the new employer ceases to be covered by the APCS, by force of this section, if the employee ceases to be a transferring employee in relation to the APCS.

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

 (3) This section does not affect the rights and obligations of the old employer that arose before the time of transmission.

Division 7—Entitlements under the Australian Fair Pay and Conditions Standard