Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_124a
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 124A
Character Range: 548422–549377

124A  Termination of transmitted AWA

Modified operation of subsections 103K(2) and 103L(2)

 (1) The AWA cannot be terminated under subsection 103K(2) or 103L(2) during the transmission period (even if the AWA has passed its nominal expiry date).

Subsection 103R(1) does not apply

 (2) Despite subsection 103R(1), a workplace agreement or an award may have effect in relation to the transferring employee's employment with the new employer even if:
 (a) the AWA is terminated during the transmission period; or
 (b) the new employer ceases to be bound by the AWA because the transmission period ends.

Note: Paragraph (2)(b) is included for the avoidance of doubt. Subsection 103R(1) only applies if a workplace agreement is terminated. Technically, the end of the transmission period does not terminate the transmitted AWA. The new employer merely ceases to be bound by it.

Division 4—Transmission of collective agreement

Subdivision A—General