Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:11_2:p1
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 11 cl 2 (pt 1/2)
Character Range: 406042–408745

2  General rule—continued application of WR Act
(1) This Part applies if:
 (a) at a time (the time of transmission), a person (the new employer) became the successor, transmittee or assignee of the whole, or a part, of a business of another person (the old employer); and
 (b) the time of transmission was before the WR Act repeal day.
(2) The following provisions of Part 11 of the WR Act (as modified by items 5 and 6 of this Schedule) continue to apply in relation to the transmission of business on and after the WR Act repeal day:
 (a) Divisions 1 and 2 (which deal with introductory matters);
 (b) Division 3 (which deals with the transmission of ITEAs) (other than subsection 583(2) and section 584);
 (c) Division 4 (which deals with the transmission of collective agreements) (other than subsections 585(2), (3) and (5) and subsections 588(1) and (2));
 (d) Division 5 (which deals with the transmission of awards) (other than subsections 595(2), (3), (5) and (6));
 (e) Division 6 (which deals with the transmission of APCSs) (other than subsection 598(2));
 (f) Division 6A (which deals with the transmission of preserved redundancy provisions) (other than subsection 598A(3));
 (g) Division 7 (which deals with entitlements under the Australian Fair Pay and Conditions Standard);
 (h) Division 8 (which deals with notice requirements and enforcement) (other than section 605).
(2A) For the purpose of the continued application, by subitem (2), of Division 5 of Part 11 of the WR Act:
 (a) a reference in those provisions to an award is taken to include a reference to a State reference transitional award; and
 (b) despite item 6 of Schedule 2, paragraph 885(1)(e) of that Act does not continue to apply.
Note: Paragraph 885(1)(e) would otherwise have disapplied Division 5 of Part 11 of the WR Act.
(3) The following provisions of Schedule 9 to the WR Act (as modified by items 5 and 6 of this Schedule) continue to apply in relation to the transmission of business on and after the WR Act repeal day:
 (a) Parts 1 and 2 (which deal with introductory matters);
 (b) Part 2A (which deals with the transmission of AWAs) (other than subclauses 6B(2) and (3) and clause 6C);
 (c) Part 3 (which deals with the transmission of pre‑reform AWAs) (other than subclause 7(2) and clause 9);
 (d) Part 4 (which deals with the transmission of pre‑reform certified agreements) (other than subclauses 10(4), (5), (6) and (8) and clause 12);
 (e) Part 5 (which deals with the transmission of State transitional instruments) (other than subclauses 19(2), (3) and (5) and clause 21);
 (f) Part 5A (which deals with the transmission of preserved redundancy provisions) (other than subclause 27A(3));
 (g) Part