Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:16_20
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 16 cl 20
Character Range: 1142054–1143242

20  Interaction rules

Transmitted instrument

 (1) This clause applies if subclause 19(1) applies to a State transitional instrument (the transmitted State instrument).

Collective agreement

 (2) If:
 (a) the new employer is bound by a collective agreement (the pre‑transmission agreement); and
 (b) the transmitted State instrument is a preserved State agreement; and
 (c) the pre‑transmission agreement would, but for this subclause, apply, according to its terms, to a transferring employee in relation to the transmitted State instrument when the transferring employee becomes employed by the new employer;
the pre‑transmission agreement does not apply to the transferring employee.

 (3) Subclause (2) ceases to apply at the end of the transmission period.

Other transitional instruments

 (4) From the time of transmission, a transitional industrial instrument (other than the transmitted State instrument) does not apply to the transferring employee's employment with the new employer.

 (5) Subclause (4) has effect despite the following provisions:
 (a) clause 5 of Schedule 14 (pre‑reform certified agreement);
 (b) subclause 25(3) of Schedule 14 (section 170MX award).