Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_125b
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 125B
Character Range: 553141–554332

125B  Transmitted collective agreement ceasing in relation to transferring employee

Transmitted agreement

 (1) This section applies if subsection 125(1) applies to a collective agreement (the transmitted collective agreement).

AWA

 (2) Despite subsection 100A(2), the transmitted collective agreement ceases to be in operation in relation to a transferring employee's employment with the new employer if the new employer makes an AWA with the transferring employee after the time of transmission.

Note: Subsection 100A(2) provides that a collective agreement is normally only suspended while an AWA is in operation. The effect of subsection (2) of this section is to terminate the operation of the transmitted collective agreement in relation to the transferring employee's employment when the AWA is made.

Replacement collective agreement

 (3) Despite subsection 100(5), the transmitted collective agreement ceases to be in operation in relation to a transferring employee if the transmitted collective agreement has been replaced by another collective agreement in relation to the employee (even if the transmitted collective agreement has not passed its nominal expiry date).