Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:11_3
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 11 cl 3
Character Range: 408828–411257

3  Period for which transmitted transitional instrument etc. continues to cover or apply to new employer

Transitional instrument covers new employer
(1) If the new employer is covered by a transitional instrument in relation to a transferring employee because of a provision of Part 11 of the WR Act or Schedule 9 to that Act, the new employer remains covered by the transitional instrument, by force of this subitem, until whichever of the following first occurs:
 (a) the instrument is terminated;
 (b) the transmission period ends;
 (c) the instrument otherwise ceases to cover the new employer in relation to the transferring employee.
(2) However, paragraph (1)(b) does not apply in relation to a pre‑reform certified agreement if:
 (a) the pre‑reform certified agreement is a Division 3 pre‑reform certified agreement; and
 (b) the old employer was not an employer within the meaning of subsection 6(1) of the WR Act immediately before the time of transmission; and
 (c) the new employer was an employer within the meaning of subsection 6(1) of the WR Act at the time of transmission; and
 (d) the transmission of business occurs as part of the process of the employer in relation to the business being transferred becoming an employer within the meaning of subsection 6(1) of the WR Act.

Transitional APCS covers new employer
(3) If a transferring employee's employment with the new employer is covered by a transitional APCS because of Division 6 of Part 11 of the WR Act, the transferring employee's employment with the new employer remains covered by that APCS until whichever of the following first occurs:
 (a) the transitional APCS is terminated;
 (b) the transitional APCS otherwise ceases to cover the transferring employee.

Preserved redundancy provisions apply to new employer
(4) If a redundancy provision applies to the new employer and a transferring employee because of Division 6A of Part 11 of the WR Act or Part 5A of Schedule 9 to that Act, the redundancy provision continues to apply to the new employer and the transferring employee until the earliest of the following:
 (a) the end of the period of 24 months from the time that the agreement that contained the redundancy provision ceased operating;
 (b) the time when the transferring employee ceases to be employed by the new employer;
 (c) the time when an enterprise agreement, workplace determination or ITEA starts to apply to the employee.