Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:16_11
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 16 cl 11
Character Range: 1130298–1132310

11  Interaction rules

Transmitted certified agreement

 (1) This clause applies if subclause 10(1), (2) or (3) applies to a pre‑reform certified agreement (the transmitted certified agreement).

Existing collective agreements

 (2) If:
 (a) the new employer is bound by a collective agreement (the existing collective agreement); and
 (b) the existing collective agreement would, but for this subclause, apply, according to its terms, to a transferring employee in relation to the transmitted certified agreement when the transferring employee becomes employed by the new employer;
the existing collective agreement does not apply to the transferring employee.

 (3) Subclause (2) ceases to apply when whichever of the following first occurs:
 (a) the transmission period ends;
 (b) if:
 (i) the pre‑reform certified agreement is a Division 3 pre‑reform certified agreement; and
 (ii) the new employer is an excluded employer (within the meaning of Schedule 13) when the period of 5 years beginning on the reform commencement ends;
  the period referred to in subparagraph (ii) ends.

 (4) Subclause (3) does not apply if:
 (a) the pre‑reform certified agreement is a Division 3 pre‑reform certified agreement; and
 (b) the old employer is not an employer within the meaning of subsection 4AB(1) immediately before the time of transmission; and
 (c) the new employer is an employer within the meaning of subsection 4AB(1) at the time of transmission; and
 (d) the transmission occurs as part of the process of the employer in relation to the business being transferred becoming an employer within the meaning of subsection 4AB(1).

Transitional industrial instruments not to apply

 (5) From the time of transmission, a transitional industrial instrument (other than the transmitted certified agreement) does not apply to the transferring employee's employment with the new employer.

 (6) Subclause (5) has effect despite section 170LY of the pre‑reform Act (as applied by subclause 2(1) of Schedule 14).