Document ID: chunk:federal_register_of_legislation:C2008C00428:clause:3_399a
Version: federal_register_of_legislation:C2008C00428
Segment Type: clause
Provision Reference: sch 3 cl 399A
Character Range: 17728–19538

399A  Preservation of redundancy provisions in certain circumstances

 (1) This section applies if a workplace agreement is terminated unilaterally, in accordance with section 393, by the employer in relation to the agreement or by a bargaining agent at the request of the employer in relation to the agreement.

 (2) Any party who was bound by the workplace agreement immediately before it ceased operating continues to be bound, immediately after that time, by any redundancy provision that was included in the workplace agreement as if the workplace agreement had continued operating.

 (2A) Parts 6 and 14 of this Act apply to a redundancy provision referred to in subsection (2) as if the provision was a workplace agreement in operation.

 (3) A party continues to be bound by a redundancy provision referred to in subsection (2), in relation to an employee who is bound by the redundancy provision, until the earliest of the following:
 (a) the end of the period of 12 months from the time that the workplace agreement ceased operating;
 (b) the time when the employee ceases to be employed by the employer;
 (c) the time when another workplace agreement comes into operation in relation to the employee and the employer.

 (4) In this section:

redundancy provision means any of the following kinds of provisions:
 (a) a provision relating to redundancy pay in relation to a termination of employment;
 (b) a provision that is incidental to a provision relating to redundancy pay in relation to a termination of employment;
 (c) a machinery provision that is in respect of a provision relating to redundancy pay in relation to a termination of employment;
where the termination is at the initiative of the employer and on the grounds of operational requirements, or because the employer is insolvent.