Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:16_3
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 16 cl 3
Character Range: 1114828–1116954

3  Definitions

  In this Schedule:

business being transferred has the meaning given by subclause 4(2).

Court means the Federal Court of Australia or the Federal Magistrates Court.

Division 2 pre‑reform certified agreement means a pre‑reform certified agreement that was made under Division 2 of Part VIB of this Act before the reform commencement.

Division 3 pre‑reform certified agreement means a pre‑reform certified agreement that was made under Division 3 of Part VIB of this Act before the reform commencement.

exceptional matters order has the same meaning as in Schedule 14.

new employer has the meaning given by subclause 4(1).

notional agreement preserving State awards has the same meaning as in Schedule 15.

old employer has the meaning given by subclause 4(1).

operational reasons has the meaning given by subsection 170CE(5D).

pre‑reform Act has the same meaning as in Schedule 14.

pre‑reform AWA has the same meaning as in Schedule 14.

pre‑reform certified agreement has the same meaning as in Schedule 14.

preserved collective State agreement has the same meaning as in Schedule 15.

preserved individual State agreement has the same meaning as in Schedule 15.

preserved State agreement has the same meaning as in Schedule 15.

section 170MX award has the same meaning as in Schedule 14.

State transitional instrument means:
 (a) a notional agreement preserving State awards; or
 (b) a preserved State agreement.

time of transmission has the meaning given by subclause 4(3).

transferring employee has the meaning given by clauses 5 and 6.

transitional industrial instrument means:
 (a) a pre‑reform AWA; or
 (b) a pre‑reform certified agreement; or
 (c) a section 170MX award; or
 (d) an exceptional matters order; or
 (e) a notional agreement preserving State awards; or
 (f) a preserved State agreement.

transitional instrument means:
 (a) a pre‑reform AWA; or
 (b) a pre‑reform certified agreement; or
 (c) a notional agreement preserving State awards; or
 (d) a preserved State agreement.

transmission period has the meaning given by subclause 4(4).

Part 2—Application of Schedule