Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_129:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 129 (pt 1/2)
Character Range: 572402–575249

129  Informing transferring employees about transmission of instrument

 (1) This section applies if:
 (a) an employer is bound by an instrument (the transmitted instrument) in relation to a transferring employee by force of:
 (i) section 124 (AWA); or
 (ii) section 125 (collective agreement); or
 (iii) section 126 (award); and
 (b) a person is a transferring employee in relation to the transmitted instrument.
The provision referred to in paragraph (a) is the transmission provision.

 (2) Within 28 days after the transferring employee starts being employed by the employer, the employer must take reasonable steps to give the transferring employee a written notice that complies with subsection (3).

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

 (3) The notice must:
 (a) identify the transmitted instrument; and
 (b) state that the employer is bound by the transmitted instrument; and
 (c) specify the date on which the transmission period for the transmitted instrument ends; and
 (d) state that the employer will remain bound by the transmitted instrument until the end of the transmission period unless the transmitted instrument is terminated, or otherwise ceases to be in operation, before the end of that period; and
 (e) specify the kinds of instruments (if any) that can replace, or exclude the operation of, the transmitted instrument; and
 (f) identify:
 (i) any provisions of the Australian Fair Pay and Conditions Standard; or
 (ii) any other instrument;
  that the employer intends to be the source for terms and conditions that will apply to the matters that are dealt with by the transmitted instrument when the transmitted instrument ceases to bind the employer; and
 (g) identify any collective agreement or award that binds:
 (i) the employer; and
 (ii) employees of the employer who are not transferring employees in relation to the transmitted instrument;
  and that would bind the transferring employee but for the transmission provision.

 (3A) Subject to subsection (3B), if the notice under subsection (3) identifies an instrument under paragraph (3)(g), the employer must give the transferring employee a copy of the instrument together with the notice.

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

 (3B) Subsection (3A) does not apply if:
 (a) the transferring employee is able to easily access a copy of the instrument in a particular way; and
 (b) the notice under subsection (3) tells the transferring employee that a copy of the instrument is accessible in that way.

Note: Paragraph (a)—the copy may be available, for example, on the Internet.

 (4) Subsection (2) does not apply if:
 (a) the transmitted instrument is an award and the new employer and the transferring employee become bound by an AWA or a collective agreement at the time of transmission or within 14 days after