Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:16_6
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 16 cl 6
Character Range: 1119544–1121072

6  Transferring employees in relation to particular instrument

 (1) A transferring employee is a transferring employee in relation to a particular transitional instrument if:
 (a) the instrument applied to the transferring employee immediately before the time of transmission; and
 (b) when the transferring employee becomes employed by the new employer, the transferring employee's employment with the new employer is such that the instrument is capable of applying to that employment.

Note: Clause 6A of this Schedule provides that references to employees and employment have their ordinary meanings in relation to a Division 3 pre‑reform certified agreement if the old employer is not an employer (within the meaning of subsection 4AB(1)).

 (2) The transferring employee ceases to be a transferring employee in relation to the transitional instrument if:
 (a) the transferring employee ceases to be employed by the new employer after the time of transmission; or
 (b) the transferring employee's employment with the new employer ceases to be such that the instrument is capable of applying to that employment; or
 (c) the transmission period ends.

Note: Clause 6A of this Schedule provides that references to employees and employment have their ordinary meanings in relation to a Division 3 pre‑reform certified agreement if the old employer is not an employer (within the meaning of subsection 4AB(1)).

 (3) This clause applies to a notional agreement preserving State awards as if it were a transitional instrument.