Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:16_35
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 16 cl 35
Character Range: 1162263–1163051

35  Relationship between transitional instruments and transmitted award

 (1) This clause applies if subsection 126(1) applies to an award (the transmitted award).

 (2) From the time of transmission, a transitional industrial instrument does not apply to the transferring employee's employment with the new employer.

 (3) Subclause (2) has effect despite the following provisions:
 (a) clause 5 of Schedule 14 (pre‑reform certified agreement);
 (b) subclause 25(3) of Schedule 14 (section 170MX award);
 (c) clause 15D of Schedule 15 (preserved State agreement).

 (4) In subclause (2):

new employer has the same meaning as in Part VIAA.

time of transmission has the same meaning as in Part VIAA.

transferring employee has the same meaning as in Part VIAA.

Part 9—Miscellaneous