Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:16_12
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 16 cl 12
Character Range: 1132310–1133529

12  Termination of transmitted pre‑reform certified agreement

Transmitted agreement

 (1) This clause applies if subclause 10(1), (2) or (3) applies to a pre‑reform certified agreement (the transmitted certified agreement).

AWA

 (2) Despite subclause 3(2) of Schedule 14, the transmitted certified agreement ceases to be in operation in relation to a transferring employee's employment with the new employer if an AWA between the new employer and the transferring employee comes into operation in relation to that employment after the time of transmission.

Note: Subclause 3(2) of Schedule 14 provides that a pre‑reform certified agreement is normally only suspended while an AWA operates. The effect of subclause (2) of this clause is to terminate the operation of the transmitted certified agreement in relation to the transferring employee's employment when the AWA is made.

Modified operation of sections 170MH and 170MHA of the pre‑reform Act

 (3) The transmitted certified agreement cannot be terminated under section 170MH or 170MHA of the pre‑reform Act during the transmission period (even if the transmitted certified agreement has passed its nominal expiry date).

Division 2—Commission's powers