Document ID: chunk:federal_register_of_legislation:C2004A01244:clause:1_11
Version: federal_register_of_legislation:C2004A01244
Segment Type: clause
Provision Reference: sch 1 cl 11
Character Range: 11881–14427

11  Subsection 494(3)
Repeal the subsection, substitute:

 (3) Division 2 of Part VIB and related provisions of this Act also have effect as if subsection 170MB(2) were omitted and the following provision substituted:

 (2) If:
 (a) an employer is bound by a certified agreement; and
 (b) the application for certification of the agreement stated that it was made under Division 2 or under Division 2 as it operates because of section 494; and
 (c) at a later time, a new employer that is a constitutional corporation, or the Commonwealth, or an employer (within the meaning of Part XV) in Victoria, becomes the successor, transmittee or assignee (whether immediate or not) of the whole or a part of the business concerned;
then, from the later time:
 (d) subject to any order of the Commission made under subsection 170MBA(2), the new employer is bound by the certified agreement, to the extent that it relates:
 (i) to the whole or the part of the business; and
 (ii) in the case of a new employer (within the meaning of Part XV) in Victoria—to employees (within the meaning of Part XV) in Victoria; and
 (e) the previous employer ceases to be bound by the certified agreement, to the extent that it relates:
 (i) to the whole or the part of the business; and
 (ii) in the case of a new employer (within the meaning of Part XV) in Victoria—to employees (within the meaning of Part XV) in Victoria; and
 (f) subject to any order of the Commission made under subsection 170MBA(2), a reference in this Part to the employer includes a reference to the new employer, and ceases to refer to the previous employer, to the extent that the context relates:
 (i) to the whole or the part of the business; and
 (ii) in the case of a new employer (within the meaning of Part XV) in Victoria—to employees (within the meaning of Part XV) in Victoria.

 (4) Division 2 of Part VIB and related provisions of this Act also have effect as if the following provisions were added at the end of section 170MBA:

 (14) In applying this section to an incoming employer who is an employer (within the meaning of Part XV) in Victoria, references in this section to an employee are taken to be references to an employee who is an employee (within the meaning of Part XV) in Victoria.

 (15) A reference in section 170MB or this section to a provision of one of those sections includes a reference to that provision as applied under subsection 494(3).

[Minister's second reading speech made in—
House of Representatives on 21 March 2002
Senate on 26 June 2003]
(91/02)