Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_129a
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 129A
Character Range: 575459–577962

129A  Lodging copy of notice with Employment Advocate

Only one transferring employee

 (1) If an employer:
 (a) gives a notice under subsection 129(2) to a transferring employee in relation to an AWA; or
 (b) gives a notice under subsection 129(2) to the only person who is a transferring employee in relation to a collective agreement or award;
the employer must lodge a copy of the notice with the Employment Advocate within 14 days after the notice is given to the transferring employee. The copy must be lodged in accordance with subsection (4).

Note 1: This is a civil remedy provision, see section 129C.

Note 2: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

Multiple transferring employees and notices all given on the one day

 (2) If:
 (a) an employer gives a number of notices under subsection 129(2) to people who are transferring employees in relation to a collective agreement or award; and
 (b) all of those notices are given on the one day;
the employer must lodge a copy of one of those notices with the Employment Advocate within 14 days after that notice is given. The copy must be lodged in accordance with subsection (4).

Note 1: This is a civil remedy provision, see section 129C.

Note 2: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

Multiple transferring employees and notices given on different days

 (3) If:
 (a) an employer gives a number of notices under subsection 129(2) to people who are transferring employees in relation to a collective agreement or award; and
 (b) the notices are given on different days;
the employer must lodge a copy of the notice, or one of the notices that was given on the earliest of those days, with the Employment Advocate within 14 days after that notice is given. The copy must be lodged in accordance with subsection (4).

Note 1: This is a civil remedy provision, see section 129C.

Note 2: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

Lodgment with Employment Advocate

 (4) A notice is lodged with the Employment Advocate in accordance with this subsection only if it is actually received by the Employment Advocate.

Note: This means that section 29 of the Acts Interpretation Act 1901 (to the extent that it deals with the time of service of documents) does not apply to lodgment of a notice.