Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_125:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 125 (pt 1/2)
Character Range: 549377–552303

125  Transmission of collective agreement

New employer bound by collective agreement

 (1) If:
 (a) immediately before the time of transmission:
 (i) the old employer; and
 (ii) employees of the old employer;
  were bound by a collective agreement; and
 (b) there is at least one transferring employee in relation to the collective agreement;
the new employer is bound by the collective agreement by force of this section.

Note 1: The new employer must notify transferring employees and lodge a copy of a notice with the Employment Advocate (see sections 129 and 129A).

Note 2: See also section 125A for the interaction between the collective agreement and other industrial instruments.

Period for which new employer remains bound

 (2) The new employer remains bound by the collective agreement, by force of this section, until whichever of the following first occurs:
 (a) the collective agreement is terminated (see Division 9 of Part VB as modified by section 125C);
 (b) there cease to be any transferring employees in relation to the collective agreement;
 (c) the new employer ceases to be bound by the collective agreement in relation to all the transferring employees in relation to the collective agreement;
 (d) the transmission period ends.

Note: Paragraph (c)—see subsection (3).

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

 (3) The new employer remains bound by the collective agreement in relation to a particular transferring employee, by force of this section, until whichever of the following first occurs:
 (a) the collective agreement ceases to be in operation in relation to the transferring employee's employment with the new employer because the new employer makes an AWA with the transferring employee (see subsection 125B(2));
 (b) the collective agreement ceases to be in operation in relation to the transferring employee's employment with the new employer because it has been replaced by another collective agreement in relation to the transferring employee's employment with the new employer (see subsection 100(5) as modified by subsection 125B(3));
 (c) the employer ceases to be bound by the collective agreement under subsection (2).

New employer bound only in relation to employment of transferring employees in the business being transferred

 (4) The new employer is bound by the collective agreement, by force of this section, only in relation to the employment, in the business being transferred, of employees who are transferring employees in relation to the collective agreement.

New employer bound subject to Commission order

 (5) Subsections (1), (2) and (3) have effect subject to any order of the Commission under section 125E.

Old employer's rights and obligations that arose before time of transmission not affected

 (6) This section does not affect the rights and obligations of the old employer that arose before