Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_124
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 124
Character Range: 547194–548422

124  Transmission of AWA

New employer bound by AWA

 (1) If:
 (a) immediately before the time of transmission:
 (i) the old employer; and
 (ii) an employee;
  were bound by an AWA; and
 (b) the employee is a transferring employee in relation to the AWA;
the new employer is bound by the AWA by force of this section.

Note: The new employer must notify the transferring employee and lodge a copy of the notice with the Employment Advocate (see sections 129 and 129A).

Period for which new employer remains bound

 (2) The new employer remains bound by the AWA, by force of this section, until whichever of the following first occurs:
 (a) the AWA is terminated (see Division 9 of Part VB as modified by section 124A);
 (b) the AWA ceases to be in operation because it is replaced by another AWA between the new employer and the transferring employee (see paragraph 100(4)(b));
 (c) the transferring employee ceases to be a transferring employee in relation to the AWA;
 (d) the transmission period ends.

Old employer's rights and obligations that arose before time of transmission not affected

 (3) This section does not affect the rights and obligations of the old employer that arose before the time of transmission.