Document ID: chunk:federal_register_of_legislation:C2008C00428:clause:3_27a
Version: federal_register_of_legislation:C2008C00428
Segment Type: clause
Provision Reference: sch 3 cl 27A
Character Range: 42364–44943

27A  Transmission of preserved redundancy provisions

 (1) If:
 (a) immediately before the time of transmission:
 (i) the old employer; and
 (ii) an employee;
  were bound, under clause 6A or 20A of Schedule 7, clause 21A or 21D of Schedule 8, or because of a previous application of this clause, by a redundancy provision that was previously included in an agreement that was terminated; and
 (b) the employee is a transferring employee;
the new employer is bound by the redundancy provision in relation to the transferring employee by force of this clause.

Note: The new employer must notify the transferring employee and lodge a copy of the notice with the Employment Advocate (see clauses 29A and 29B).

 (2) Subject to subclause (3), the redundancy provision prevails over any other redundancy provision included in any other instrument that would otherwise have effect, to the extent of any inconsistency.

Period for which new employer remains bound

 (3) The new employer remains bound by the redundancy provision in relation to the transferring employee, by force of this clause, until the earliest of the following:
 (a) the end of the period of 12 months from the time that the agreement referred to in paragraph (1)(a) ceased operating;
 (b) the time when the transferring employee ceases to be employed by the new employer;
 (c) the time when a workplace agreement comes into operation in relation to the new employer and the transferring employee.

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

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

Definitions

 (5) In this clause:

instrument means any of the following:
 (a) a workplace agreement;
 (b) a pre‑reform certified agreement (within the meaning of Schedule 7);
 (c) a preserved State agreement;
 (d) a notional agreement preserving State awards;
 (e) an award;
 (f) a transitional award (within the meaning of Schedule 6).

redundancy provision means any of the following kinds of provisions:
 (a) a provision relating to redundancy pay in relation to a termination of employment;
 (b) a provision that is incidental to a provision relating to redundancy pay in relation to a termination of employment;
 (c) a machinery provision that is in respect of a provision relating to redundancy pay in relation to a termination of employment;
where the termination is at the initiative of the employer and on the grounds of operational requirements, or because the employer is insolvent.