Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_72h
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 72H
Character Range: 982939–984126

72H  Interaction rules

Transmitted award

 (1) This clause applies if subclause 72G(1) applies to a transitional award (the transmitted award).

Division 3 pre‑reform certified agreement

 (2) If:
 (a) the new transitional employer is bound by a Division 3 pre‑reform certified agreement (within the meaning of Schedule 14); and
 (b) a transferring transitional employee in relation to the transmitted award was not bound by that certified agreement immediately before the time of transmission; and
 (c) that certified agreement would, but for this subclause, apply to the transferring transitional employee's employment with the new transitional employer and would prevail over the transmitted award to the extent of any inconsistency with the transmitted award;
the transmitted award, to the extent to which it relates to the transferring transitional employee's employment with the new transitional employer, prevails over that certified agreement to the extent of any inconsistency with that certified agreement.

 (3) Subclause (2) has effect despite section 170LY of the pre‑reform Act (as applied by clause 2 of Schedule 14).

Division 4—Notice requirements and enforcement