Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:3a_9:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 3A cl 9 (pt 1/2)
Character Range: 1216071–1218958

9  Transitional—eligible instruments

Item applies to eligible instruments with small business redundancy pay requirements just before commencement

(1) This item applies if, just before the commencement of this Schedule, an eligible instrument contained provisions requiring some or all relevant employers (the affected employers) that employ fewer than 15 employees to pay redundancy pay.

Eligible instruments that began to provide for small business redundancy pay between 26 March 2004 and commencement

(2) If:
 (a) the eligible instrument was made before 26 March 2004 and just before 26 March 2004 the eligible instrument did not contain provisions requiring the affected employers to pay redundancy pay; or
 (b) the eligible instrument was made on or after 26 March 2004;
then, from the commencement of this Schedule, the provisions do not have the effect of requiring any affected employers to pay redundancy pay.

Eligible instruments where Federal award suppressed a small business redundancy pay requirement that was present just before 26 March 2004

(3) If:
 (a) just before 26 March 2004, the eligible instrument contained provisions requiring the affected employers to pay redundancy pay; and
 (b) only because of a Federal award, the provisions did not, just before the commencement of this Schedule, have the effect of requiring a particular affected employer to pay redundancy pay;
then the provisions do not, at or at any time after the commencement of this Schedule, have that effect in relation to the particular affected employer.

Eligible instruments where certified agreement or AWA suppressed a small business redundancy pay requirement that was present just before 26 March 2004, and a Federal award would also have had that effect

(4) If:
 (a) just before 26 March 2004, the eligible instrument contained provisions requiring the affected employers to pay redundancy pay; and
 (b) just before the commencement of this Schedule:
 (i) only because of a certified agreement or an AWA, the provisions did not have the effect of requiring a particular affected employer to pay redundancy pay; and
 (ii) disregarding the certified agreement or the AWA, the provisions would still not have had that effect, and this would have been so only because of a Federal award;
then the provisions do not, at or at any time after the commencement of this Schedule, have that effect in relation to the particular affected employer.

Eligible instruments where small business redundancy pay requirement was present just before 26 March 2004 and a future Federal award starts to apply

(5) If:
 (a) just before 26 March 2004, the eligible instrument contained provisions requiring the affected employers to pay redundancy pay; and
 (b) neither subitem (3) nor subitem (4) applies; and
 (c) the eligible instrument contains the provisions from the commencement of this Schedule