Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_126:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 126 (pt 1/2)
Character Range: 560640–563384

126  Transmission of award

New employer bound by award

 (1) If:
 (a) the old employer was, immediately before the time of transmission, bound by an award that regulated the employment of employees of the old employer; and
 (b) there is at least one transferring employee in relation to the award; and
 (c) but for this section, the new employer would not be bound by the award in relation to the transferring employees in relation to the award;
the new employer is bound by the award by force of this section.

Note 1: Paragraph (c)—the award might already bind the new employer, for example, because the new employer happens to be a respondent to the award.

Note 2: The new employer must notify transferring employees and lodge a copy of a notice with the Employment Advocate (see sections 129 and 129A).

Note 3: See also section 126A for the interaction between the award and other industrial instruments.

Period for which new employer remains bound

 (2) The new employer remains bound by the award, by force of this section, until whichever of the following first occurs:
 (a) the award is revoked;
 (b) there cease to be any transferring employees in relation to the award;
 (c) the new employer ceases to be bound by the award in relation to all the transferring employees in relation to the award;
 (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 award in relation to a particular transferring employee, by force of this section, until whichever of the following first occurs:
 (a) the award 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 after the time of transmission (see subsection 126B(2));
 (b) the award ceases to be in operation in relation to the transferring employee's employment with the new employer because a collective agreement comes into operation, after the time of transmission, in relation to the transferring employee's employment with the new employer (see subsection 126B(3));
 (c) the employer ceases to be bound by the award under subsection (2).

New employer bound only in relation to employment of transferring employees

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

Commission order

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

 (6) To avoid doubt, the Commission cannot make an order under subsection (5) that would have the effect of