Document ID: chunk:federal_register_of_legislation:C2008C00428:clause:3_20a
Version: federal_register_of_legislation:C2008C00428
Segment Type: clause
Provision Reference: sch 3 cl 20A
Character Range: 30964–33148

20A  Preservation of redundancy provisions in certain circumstances

 (1) This clause applies if a pre‑reform AWA is terminated, on application by the employer in relation to the AWA, by the Commission in accordance with subsection 170VM(3) of the pre‑reform Act.

Note: Subsection 170VM(3) of the pre‑reform Act continues to apply because of paragraph 17(1)(c) of this Schedule.

 (2) The employer and the employee in relation to the pre‑reform AWA continue to be bound, immediately after the pre‑reform AWA ceases operating, by any redundancy provision that was included in the pre‑reform AWA as if the pre‑reform AWA had continued operating.

 (2A) Parts 6 and 14 of this Act apply to a redundancy provision referred to in subclause (2) as if the provision was a pre‑reform AWA in operation.

 (3) Subject to subclause (4), a redundancy provision referred to in subclause (2) prevails over any other redundancy provision included in any other instrument that would otherwise have effect.

 (4) The employer continues to be bound by a redundancy provision referred to in subclause (2), in relation to the employee, until the earliest of the following:
 (a) the end of the period of 12 months from the time that the pre‑reform AWA ceases operating;
 (b) the time when the employee ceases to be employed by the employer;
 (c) the time when a workplace agreement comes into operation in relation to the employee and the employer.

 (5) In this clause:

instrument means any of the following:
 (a) a collective agreement;
 (b) a pre‑reform certified agreement;
 (c) a notional agreement preserving State awards;
 (d) an award.

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.