Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:8_25
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 8 cl 25
Character Range: 367404–368309

25  Effect of section 342 of the FW Act during the bridging period
(1) Despite section 342 of the FW Act, a prospective employer does not contravene subsection 340(1) of that Act if, during the bridging period, the person refuses to employ a person merely because the person requires another person to make an ITEA as a condition of engagement, other than in the circumstance referred to in subitem (2).
(2) The circumstance referred to in subitem (1) is that:
 (a) the first person mentioned in subitem (1) is a new employer; and
 (b) the new employer requires another person to make an ITEA; and
 (c) the other person would, if employed by the new employer, be a transferring employee; and
 (d) the requirement to make the ITEA is a condition of the other person becoming employed by the new employer.

Division 8—Applying the no‑disadvantage test where there is a transmission or transfer of business