Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:16_7
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 16 cl 7
Character Range: 1121547–1123147

7  Transmission of pre‑reform AWA

New employer bound by pre‑reform AWA

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

Note 1: The new employer must notify the transferring employee and lodge a copy of the notice with the Employment Advocate (see clauses 28 and 29).

Note 2: See also clause 8 for the interaction between the pre‑reform AWA and other industrial instruments.

Period for which new employer remains bound

 (2) The new employer remains bound by the pre‑reform AWA, by force of this clause, until whichever of the following first occurs:
 (a) the pre‑reform AWA ceases to be in operation because it is terminated under subsection 170VM(1) of the pre‑reform Act (as applied by subclause 18(2) of Schedule 14);
 (b) the pre‑reform AWA ceases to be in operation in relation to the transferring employee's employment with the new employer under subclause 18(1) of Schedule 14 (AWA between the new employer and the transferring employee coming into operation);
 (c) the transferring employee ceases to be a transferring employee in relation to the pre‑reform AWA;
 (d) the transmission period ends.

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

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