Document ID: chunk:federal_register_of_legislation:C2008C00428:clause:3_6a
Version: federal_register_of_legislation:C2008C00428
Segment Type: clause
Provision Reference: sch 3 cl 6A
Character Range: 25836–28182

6A  Preservation of redundancy provisions in certain circumstances

 (1) This clause applies if a pre‑reform certified agreement is terminated, on application by the employer in relation to the agreement, by the Commission in accordance with subsection 170MH(3) of the pre‑reform Act.

Note: Subsection 170MH(3) of the pre‑reform Act continues to apply because of paragraph 2(1)(k) of this Schedule.

 (2) Any party who was bound by the pre‑reform certified agreement immediately before it ceased operating continues to be bound, immediately after that time, by any redundancy provision that was included in the pre‑reform certified agreement as if the pre‑reform certified agreement had continued operating.

 (2A) Parts 6 and 14 of this Act apply to a redundancy provision referred to in subclause (2) as if the provision was a pre‑reform certified agreement in operation.

 (3) Subject to subclause (4), a redundancy provision referred to in subclause (2) prevails over any other redundancy provision included in any other instrument that would otherwise have effect.

 (4) A party continues to be bound by a redundancy provision referred to in subclause (2), in relation to an employee who is bound by the redundancy provision, until the earliest of the following:
 (a) the end of the period of 12 months from the time that the pre‑reform certified agreement ceased operating;
 (b) the time when the employee ceases to be employed by the employer;
 (c) the time when a workplace agreement comes into operation in relation to the employee and the employer.

 (5) In this clause:

instrument means either of the following:
 (a) a preserved State agreement;
 (b) a notional agreement preserving State awards;
 (c) an award;
 (d) a transitional award (within the meaning of Schedule 6).

redundancy provision means any of the following kinds of provisions:
 (a) a provision relating to redundancy pay in relation to a termination of employment;
 (b) a provision that is incidental to a provision relating to redundancy pay in relation to a termination of employment;
 (c) a machinery provision that is in respect of a provision relating to redundancy pay in relation to a termination of employment;
where the termination is at the initiative of the employer and on the grounds of operational requirements, or because the employer is insolvent.