Document ID: chunk:federal_register_of_legislation:C2004A01244:clause:1_170mba:p1
Version: federal_register_of_legislation:C2004A01244
Segment Type: clause
Provision Reference: sch 1 cl 170MBA (pt 1/3)
Character Range: 4353–7023

170MBA  Commission may make order about extent to which successor employer bound by certified agreement

Application and terminology

 (1) If:
 (a) an employer is bound by a certified agreement; and
 (b) another employer becomes at a later time, or is likely to become at a later time, the successor, transmittee or assignee (whether immediate or not) of the whole or a part of the business of the employer referred to in paragraph (a);
then, for the purposes of this section:
 (c) the outgoing employer is the employer referred to in paragraph (a); and
 (d) the incoming employer is the employer first referred to in paragraph (b); and
 (e) the business concerned is the whole or that part of the business; and
 (f) the transfer time is the time at which the incoming employer becomes the successor, transmittee or assignee of the business concerned.

Commission may make order that certified agreement does not bind incoming employer

 (2) The Commission may make an order that the incoming employer:
 (a) is not, or will not be, bound by the certified agreement; or
 (b) is, or will be, bound by the certified agreement, but only to the extent specified in the order.
The order must specify the day from which the order takes effect. That day must not be before the day on which the order is made or before the transfer time.

 (2A) The Commission shall not make an order under subsection (2) unless:
 (a) the parties to the certified agreement and the incoming employer agree to the proposed order; or
 (b) the Commission is satisfied that the majority of employees who are covered by the certified agreement and who would be affected by the proposed order agree to the proposed order; or
 (c) the Commission is satisfied that either:
 (i) the proposed order does not disadvantage employees in relation to their terms and conditions of employment; or
 (ii) the proposed order is part of a reasonable strategy to deal with a short-term crisis in, and to assist in the revival of, the transmitted business.
In this subsection, a proposed order disadvantages an employee or employees in relation to their terms and conditions of employment, if, on balance, its approval would result in a reduction in the overall terms and conditions of employment of that employee or those employees.

 (2B) In making an order the Commission must take into account:
 (a) the proposed new terms and conditions that the employee would be subject to and the effect of any loss of conditions; and
 (b) the length of time remaining on the certified agreement.

 (3) Without limiting paragraph (2)(b), the Commission may make an order under that paragraph that the incoming employer is, or