Document ID: chunk:federal_register_of_legislation:C2008C00428:clause:3_6c
Version: federal_register_of_legislation:C2008C00428
Segment Type: clause
Provision Reference: sch 3 cl 6C
Character Range: 29172–30694

6C  Employer must notify employees of preserved redundancy provisions

 (1) An employer that has, under clause 6B, received a copy of an order terminating a pre‑reform certified agreement must take reasonable steps to ensure that all employees who are bound by the agreement immediately before the agreement ceases operating are, within 21 days of the employer receiving a copy of the order, given a copy of the order.

 (2) Subclause (1) is a civil remedy provision for the purpose of this clause.

Note: Division 3 of Part 14 contains other provisions relevant to civil remedies.

 (3) The Court may order a person who has contravened the civil remedy provision to pay a pecuniary penalty.

Note: Division 3 of Part 14 contains other provisions relevant to civil remedies.

 (4) The penalty cannot be more than 300 penalty units for a body corporate or 60 penalty units in other cases.

 (5) An application for an order under subclause (3) in relation to a pre‑reform certified agreement may be made by the following persons:
 (a) an employee who is bound by the agreement immediately before the agreement ceases operating;
 (b) an organisation of employees that is bound by the agreement immediately before the agreement ceases operating;
 (c) an organisation of employees that is entitled, under its eligibility rules, to represent the industrial interests of an employee referred to in paragraph (a) and has been requested by the employee to apply for the order on the employee's behalf;
 (d) a workplace inspector.