Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:16_19:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 16 cl 19 (pt 1/2)
Character Range: 1138261–1141210

19  Transmission of State transitional instrument

New employer bound by State transitional instrument

 (1) If:
 (a) immediately before the time of transmission:
 (i) the old employer; and
 (ii) employees of the old employer;
  were bound by a State transitional instrument; and
 (b) there is at least one transferring employee in relation to the State transitional instrument; and
 (c) but for this clause, the new employer would not be bound by the State transitional instrument in relation to the transferring employees;
the new employer is bound by the State transitional instrument by force of this clause.

Note 1: The new employer must notify transferring employees and lodge a copy of the notice with the Employment Advocate (see clauses 28 and 29).

Note 2: See also clause 20 for the interaction between the State transitional instrument and other industrial instruments.

Period for which new employer remains bound

 (2) The new employer remains bound by the State transitional instrument, by force of this clause, until whichever of the following first occurs:
 (a) if the State transitional instrument is a preserved State agreement—the instrument ceases to be in operation under clauses 15G and 21 of Schedule 15;
 (b) if the State transitional instrument is a notional agreement preserving State awards—the instrument ceases to be in operation at the end of the period of 3 years beginning on the reform commencement (see subclause 38A(1) of Schedule 15);
 (c) there cease to be any transferring employees in relation to the State transitional instrument;
 (d) the new employer ceases to be bound by the State transitional instrument in relation to all the transferring employees in relation to the instrument;
 (e) the transmission period ends.

Note: Paragraph (d)—see subclause (3).

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

 (3) The new employer remains bound by the State transitional instrument in relation to a particular transferring employee, by force of this clause, until whichever of the following first occurs:
 (a) if the State transitional instrument is a preserved State agreement—the instrument ceases to be in operation in relation to the transferring employee's employment with the new employer because a workplace agreement comes into operation in relation to that employment (see subclause 15G(2) of Schedule 15);
 (b) if the State transitional instrument is a notional agreement preserving State awards—the instrument ceases to be in operation in relation to the transferring employee's employment with the new employer because a workplace agreement comes into operation in relation to that employment (see subclause 38A(2) of Schedule 15);
 (c) if the State transitional instrument is a notional agreement preserving State awards—the instrument ceases to be in operation in relation to the transferring employee's employment with the new employer because