Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:11_9:p1
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 11 cl 9 (pt 1/2)
Character Range: 419086–421838

9  Transfer of preserved redundancy provisions
(1) This item applies if:
 (a) there is a transfer of business from an employer (the old employer) to another employer (the new employer) as described in subsection 311(1) of the FW Act; and
 (b) the connection between the old employer and the new employer referred to in paragraph 311(1)(d) of the FW Act occurs during the bridging period; and
 (c) immediately before the termination of an employee's employment with the old employer, a redundancy provision applied to the old employer and the employee because of a preservation item or a previous application of this item; and
 (d) the employee is a transferring employee in relation to the transfer of business.
(2) This item applies regardless of whether:
 (a) the termination of the transferring employee's employment with the old employer occurs before, on or after the WR Act repeal day; or
 (b) the employment of the transferring employee by the new employer occurs before, on or after the WR Act repeal day.
(3) The redundancy provision applies to the new employer and the transferring employee after the time the transferring employee becomes employed by the new employer.
(4) Subject to subitem (5), the redundancy provision prevails over any other redundancy provision included in any other instrument that would otherwise have effect, to the extent of any inconsistency (even if the provisions in that other instrument might be more beneficial to the transferring employee).
(5) However, if:
 (a) an industry‑specific redundancy scheme in a modern award applies to the transferring employee; and
 (b) the redundancy provision is detrimental to the transferring employee, in any respect, when compared to the scheme in the modern award;
then the scheme in the modern award prevails over the redundancy provision, to the extent that the redundancy provision is detrimental to the transferring employee.
(6) The redundancy provision continues to apply to the new employer and the transferring employee until the earliest of the following:
 (a) the end of the period of 24 months from the time that the agreement that contained the redundancy provision ceased operating;
 (b) the time when the transferring employee ceases to be employed by the new employer;
 (c) the time when an enterprise agreement, workplace determination or ITEA starts to apply to the transferring employee.
(7) In this item:
instrument has the meaning given by subitem 38(7) of Schedule 3.
preservation item means any of the following:
 (a) item 38 of Schedule 3;
 (b) item 40 of Schedule 3;
 (c) a provision of Division 6A of Part 11 of the WR Act or Part 5A of Schedule 9 to that Act (as those provisions continue to apply because of item 2 of this Schedule).
redundancy