Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3_39
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3 cl 39
Character Range: 102771–105209

39  Notification of preservation of redundancy provisions

When this item applies
(1) This item applies if:
 (a) FWA makes a decision (a termination decision) of either of the following kinds:
 (i) a decision to terminate a transitional instrument as referred to in paragraph 38(1)(a);
 (ii) a decision to approve a termination of a transitional instrument as referred to in paragraph 38(1)(b); and
 (b) when the termination takes effect, one or more redundancy provisions in the instrument will continue to apply to persons (affected persons) in accordance with item 38.

Notification requirements if the transitional instrument is a preserved collective State agreement or a pre‑reform certified agreement
(2) If the transitional instrument is a preserved collective State agreement or a pre‑reform certified agreement:
 (a) the termination decision must:
 (i) identify the redundancy provision or the redundancy provisions; and
 (ii) state that the provision or provisions will continue to apply to the affected persons; and
 (iii) specify the date that is 24 months after the time when the termination takes effect; and
 (iv) state that the provision or provisions will continue to apply until that date, or an earlier date, in accordance with subitem 38(6); and
 (b) FWA must give a copy of the termination decision to each affected person that is:
 (i) an employer; or
 (ii) an employee organisation.
(3) An employer that has, under subitem (2), received a copy of a termination decision must take reasonable steps to ensure that all employees to whom the instrument applied immediately before the termination takes effect are given a copy of the decision within 21 days of the employer receiving a copy of the decision.
Note: For compliance with this obligation, see item 4 of Schedule 16.

Notification requirements if the transitional instrument is an individual agreement‑based transitional instrument
(4) If the transitional instrument is an individual agreement‑based transitional instrument, the termination decision must:
 (a) identify the redundancy provision or the redundancy provisions; and
 (b) state that the provision or provisions will continue to apply to the affected persons; and
 (c) specify the date that is 24 months after the time when the termination takes effect; and
 (d) state that the provision or provisions will continue to apply until that date, or an earlier date, in accordance with subitem 38(6).