Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:7b_6b
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 7B cl 6B
Character Range: 131540–132811

6B  Transmission of AWA

New employer bound by AWA

 (1) If:
 (a) immediately before the time of transmission:
 (i) the old employer; and
 (ii) an employee;
  were bound by an AWA; and
 (b) the employee is a transferring employee in relation to the AWA;
the new employer is bound by the AWA by force of this section.

Note: The new employer must notify the transferring employee and lodge a copy of the notice with the Workplace Authority Director (see clauses 28 and 29).

Period for which new employer remains bound

 (2) The new employer remains bound by the AWA, by force of this section, until whichever of the following first occurs:
 (a) the AWA is terminated (see Division 9 of Part 8 of the pre‑transition Act as modified by clause 6C of this Schedule);
 (b) the AWA ceases to be in operation because it is replaced by an ITEA between the new employer and the transferring employee (see clause 6 of Schedule 7A);
 (c) the transferring employee ceases to be a transferring employee in relation to the AWA;
 (d) the transmission period ends.

Old employer's rights and obligations that arose before time of transmission not affected

 (3) This section does not affect the rights and obligations of the old employer that arose before the time of transmission.