Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:3a_8
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 3A cl 8
Character Range: 1214894–1216071

8  Transitional—awards and orders of the Commission

(1) If, during the period from the start of 26 March 2004 until the commencement of this Schedule, the Commission:
 (a) made an award or order that had the effect of requiring an employer of fewer than 15 employees to pay redundancy pay; or
 (b) varied an award or order, made before or during that period, with the result that it had that effect;
then, from the commencement of this Schedule, the award or order ceases to have that effect.

(2) For the purposes of paragraph (1)(a):
 (a) whether an employer employs fewer than 15 employees is to be worked out as at the time (the relevant time):
 (i) when notice of the redundancy is given by the employer or by the employee who becomes redundant; or
 (ii) when the redundancy occurs;
  whichever happens first; and
 (b) a reference to employees includes a reference to:
 (i) the employee who becomes redundant and any other employee who becomes redundant at the relevant time; and
 (ii) any casual employee who, at the relevant time, has been engaged by the employer on a regular and systematic basis for at least 12 months (but not including any other casual employee).