Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:1_326
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 1 cl 326
Character Range: 4881–6750

326  Individual transitional employment agreements

 (1) An employer may make an agreement (an individual transitional employment agreement or ITEA) in writing with a person whose employment will be subject to the agreement.

 (2) The agreement is not an ITEA unless:
 (a) as at 1 December 2007 the employer employed at least one person whose employment with that employer was regulated by an agreement of a kind specified in subsection (3); and
 (b) the person whose employment is to be subject to the ITEA:
 (i) did not commence that employment more than 14 days before the day on which the ITEA was made, and had not previously been employed by the employer; or
 (ia) did not commence that employment more than 14 days before the day on which the ITEA was made, and had previously been employed by the employer (not being employment that had ceased for the reason that, or for reasons that included the reason that, the employer would re‑employ the person under an ITEA); or
 (ii) is in an employment relationship with the employer and that employment relationship is regulated by an ITEA or an agreement of a kind specified in subsection (3).

Note: Subsection 583(1A) affects the operation of paragraph (2)(b) in the case of a transmission of business.

 (3) The kinds of agreements for the purposes of paragraph (2)(a) and subparagraph (2)(b)(ii) are the following:
 (a) an AWA within the meaning of Schedule 7A;
 (b) a pre‑reform AWA;
 (c) a preserved individual State agreement within the meaning of Schedule 8;
 (d) an employment agreement within the meaning of section 887.

 (4) The fact that a period of work performed by a casual employee has ended does not of itself bring an end to the employee's employment relationship with the employer for the purposes of subparagraph (2)(b)(ii).

 (5) An ITEA may be made before the commencement of the employment.