Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:16_10:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 16 cl 10 (pt 1/3)
Character Range: 1124028–1126863

10  Transmission of pre‑reform certified agreement

New employer bound by Division 2 pre‑reform certified agreement

 (1) If:
 (a) immediately before the time of transmission:
 (i) the old employer; and
 (ii) employees of the old employer;
  were bound by a Division 2 pre‑reform certified agreement; and
 (b) there is at least one transferring employee in relation to the Division 2 pre‑reform certified agreement;
the new employer is bound by the Division 2 pre‑reform certified agreement by force of this subclause.

Note 1: The new employer must notify transferring employees and lodge a copy of the notices with the Employment Advocate (see clauses 28 and 29).

Note 2: See also clause 11 for the interaction between the Division 2 pre‑reform certified agreement and other industrial instruments.

New employer bound by Division 3 pre‑reform certified agreement

 (2) If:
 (a) the old employer is an employer (within the meaning of subsection 4AB(1)); and
 (b) immediately before the time of transmission:
 (i) the old employer; and
 (ii) employees of the old employer;
  were bound by a Division 3 pre‑reform certified agreement; and
 (c) there is at least one transferring employee in relation to the Division 3 pre‑reform certified agreement;
the new employer is bound by the Division 3 pre‑reform certified agreement by force of this subclause.

Note 1: The new employer must notify transferring employees and lodge a copy of the notices with the Employment Advocate (see clauses 28 and 29).

Note 2: See also clause 11 for the interaction between the Division 3 pre‑reform certified agreement and other industrial instruments.

 (3) If:
 (a) the old employer is not an employer (within the meaning of subsection 4AB(1)); and
 (b) immediately before the time of transmission:
 (i) the old employer; and
 (ii) employees of the old employer;
  were bound by a Division 3 pre‑reform certified agreement; and
 (c) there is at least one transferring employee in relation to the Division 3 pre‑reform certified agreement; and
 (d) one or more of the following are satisfied:
 (i) the new employer is an employer (within the meaning of subsection 4AB(1)) at the time of transmission;
 (ii) the new employer is bound by another Division 3 pre‑reform certified agreement at the time of transmission;
the new employer is bound by the Division 3 pre‑reform certified agreement referred to in paragraph (b) by force of this subclause.

Note 1: Clause 6A of this Schedule provides that references to employees and employment have their ordinary meanings in relation to the Division 3 pre‑reform certified agreement. This is because the old employer is not an employer (within the meaning of subsection 4AB(1)).

Note 2: The new employer must notify transferring employees and lodge a copy of the notices with the Employment Advocate (see