Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_346zea
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 346ZEA
Character Range: 68184–69575

346ZEA  Notice requirements in relation to transmission of business

 (1) This section applies if:
 (a) a new employer is bound by a workplace agreement (the transmitted workplace agreement) in relation to a transferring employee because of section 583 or 585; and
 (b) before the time of transmission in relation to the business being transferred, the Workplace Authority Director gave notice to the old employer under section 346J that the Workplace Authority Director must decide under section 346M or 346U whether the transmitted workplace agreement passes the fairness test; and
 (c) as at the time of transmission, the Workplace Authority Director has not yet decided whether the transmitted workplace agreement passes the fairness test under whichever of those sections is applicable.

 (2) The old employer must take reasonable steps to give a written notice to the Workplace Authority Director that:
 (a) identifies the transmitted workplace agreement; and
 (b) states whether or not the old employer remains bound by the transmitted workplace agreement in relation to the employment of any employees; and
 (c) specifies the date on which the transmission period in relation to the business being transferred ends; and
 (d) specifies the name and address of the new employer.

 (3) Subsection (2) is a civil remedy provision.

Note: See Division 11 for provisions on enforcement.