Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_126a
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 126A
Character Range: 563640–564835

126A  Interaction rules

Transmitted award

 (1) This section applies if subsection 126(1) applies to an award (the transmitted award).

Collective agreement

 (2) Despite section 100B but subject to subsection (3), a collective agreement that is in operation at the time of transmission does not have effect in relation to an employee's employment while the transmitted award operates, in accordance with subsection 126(1), in relation to that employment.

Note 1: But for subsection (2), section 100B would have the effect that the transmitted award would not have effect in relation to the employee's employment while a collective agreement operates in relation to that employment.

Note 2: Section 126B modifies the operation of section 100B in relation to AWAs and collective agreements that come into operation after the time of transmission.

 (3) Despite subsection 126(1), if the employee agrees that the collective agreement is to operate in relation to that employment:
 (a) the collective agreement comes into operation in relation to that employment; and
 (b) the transmitted award ceases to be in operation in relation to that employment in accordance with subsection 126B(3).