Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:16_10:p2
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 16 cl 10 (pt 2/3)
Character Range: 1126610–1129502

pre‑reform certified agreement. This is because the old employer is not an employer (within the meaning of subsection 4AB(1)).

Note 2: The new employer must notify transferring employees and lodge a copy of the notices with the Employment Advocate (see clauses 28 and 29).

Note 3: See also clause 11 for the interaction between the Division 3 pre‑reform certified agreement and other industrial instruments.

Period for which new employer remains bound

 (4) The new employer remains bound by the pre‑reform certified agreement, by force of subclause (1), (2) or (3), until whichever of the following first occurs:
 (a) the pre‑reform certified agreement ceases to be in operation because it is terminated under section 170MG of the pre‑reform Act (as applied by subclause 2(1) of Schedule 14);
 (b) there cease to be any transferring employees in relation to the pre‑reform certified agreement;
 (c) the new employer ceases to be bound by the pre‑reform certified agreement in relation to all the transferring employees in relation to the agreement;
 (d) the transmission period ends;
 (e) if:
 (i) the pre‑reform certified agreement is a Division 3 pre‑reform certified agreement; and
 (ii) the new employer is an excluded employer (within the meaning of Schedule 13) when the period of 5 years beginning on the reform commencement ends;
  the period referred to in subparagraph (ii) ends.

Note: Paragraph (c)—see subclause (6).

 (5) Paragraph (4)(d) does not apply if:
 (a) the pre‑reform certified agreement is a Division 3 pre‑reform certified agreement; and
 (b) the old employer is not an employer within the meaning of subsection 4AB(1) immediately before the time of transmission; and
 (c) the new employer is an employer within the meaning of subsection 4AB(1) at the time of transmission; and
 (d) the transmission occurs as part of the process of the employer in relation to the business being transferred becoming an employer within the meaning of subsection 4AB(1).

Period for which new employer remains bound in relation to particular transferring employee

 (6) The new employer remains bound by the pre‑reform certified agreement in relation to a particular transferring employee, by force of subclause (1), (2) or (3), until whichever of the following first occurs:
 (a) the pre‑reform certified agreement ceases to be in operation in relation to the transferring employee's employment with the new employer because the new employer makes an AWA with the transferring employee (see subclause 12(2));
 (b) the pre‑reform certified agreement ceases to be in operation in relation to the transferring employee's employment with the new employer because a collective agreement comes into operation in relation to the transferring employee in relation to that employment (see subclause 3(1) of Schedule 14);
 (c) the employer ceases to be bound by the pre‑reform certified