Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:8_27:p2
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 8 cl 27 (pt 2/2)
Character Range: 372628–374489

(b) to continue to so apply to the employer, in relation to the transferring employee or transferring employees, until the earliest of the following:
 (i) the end of the period of 24 months beginning on the first day on which the old employer became covered, under the preservation item, by the redundancy provision;
 (ii) the time when the transferring employee ceases to be employed by the new employer;
 (iii) the time when an enterprise agreement, workplace determination or ITEA starts to apply to the transferring employee or transferring employees and the new employer.
(4) If the original agreement is a workplace agreement as varied under Division 8 of Part 8 of the WR Act, the workplace agreement as in force before the variation was lodged is, despite section 346ZE of that Act (as that section continues to apply because of the operation of this Schedule), capable of being an instrument described in paragraph (2)(a).
(5) In this item:
award includes a State reference transitional award.
instrument means:
 (a) if the termination of the employment of the transferring employee or transferring employees with the old employer occurred before the WR Act repeal day—any of the following:
 (i) a workplace agreement;
 (ii) an award;
 (iii) a pre‑reform certified agreement;
 (iv) a preserved State agreement;
 (v) a notional agreement preserving State awards; and
 (b) if the termination of the employment of the transferring employee or transferring employees with the old employer occurred on or after the WR Act repeal day—any of the following:
 (i) an instrument referred to in subparagraph (a)(i), (ii), (iii), (iv) or (v) that is a transitional instrument;
 (ii) an enterprise agreement;
 (iii) a workplace determination made under the FW Act.
redundancy provision has the meaning given by subitem 38(7) of Schedule 3.

Division 9—Miscellaneous