Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_103m
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 103M
Character Range: 332333–333670

103M  Undertakings about post‑termination conditions

 (1) An employer intending to terminate a workplace agreement under subsection 103L(2) may make undertakings as to the terms and conditions of employment of employees who were bound by the workplace agreement just before it was terminated.

 (2) The undertakings come into operation on the day that the workplace agreement is terminated.

 (3) The undertakings cease to operate in relation to an employee when the employee's employment becomes subject to a later workplace agreement.

 (4) Subject to this section, the following provisions apply to the undertakings as if they were a workplace agreement in operation:
 (a) Part VIII;
 (b) Part V;
 (c) any other provision of this Act specified in the regulations.

 (5) An employer contravenes this subsection if:
 (a) the employer lodges a declaration to terminate a workplace agreement under subsection (2); and
 (b) the employer has made undertakings in relation to that termination; and
 (c) the employer did not annex a copy of the undertakings to the declaration.

 (6) Subsection (5) is a civil remedy provision.

Note: See Division 11 for provisions on enforcement.

 (7) If undertakings have ceased operating in relation to an employee because of subsection (3), they can never operate again in relation to that employee.