Document ID: chunk:federal_register_of_legislation:C2008C00428:clause:3_29b
Version: federal_register_of_legislation:C2008C00428
Segment Type: clause
Provision Reference: sch 3 cl 29B
Character Range: 46184–47643

29B  Lodging copy of notice about preserved redundancy provisions with Employment Advocate

 (1) If an employer gives a notice under clause 29A to a transferring employee, the employer must lodge a copy of the notice with the Employment Advocate within the period specified in subclause (2). The copy must be lodged in accordance with subclause (3).

Note 1: This is a civil remedy provision, see clause 31.

Note 2: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

 (2) The notice must be lodged within 14 days after the day specified in paragraph (a) or (b):
 (a) if the employer gives a notice to an employee in respect of a redundancy provision that was included in a pre‑reform AWA or a preserved individual State agreement—the day on which that notice is given; or
 (b) if the employer gives one or more notices to one or more employees in respect of a redundancy provision that was included in a pre‑reform certified agreement or a preserved collective State agreement—the earliest day on which a notice was given.

Lodgment with Employment Advocate

 (3) A notice is lodged with the Employment Advocate in accordance with this subclause only if it is actually received by the Employment Advocate.

Note: This means that section 29 of the Acts Interpretation Act 1901 (to the extent that it deals with the time of service of documents) does not apply to lodgment of a notice.