Document ID: chunk:federal_register_of_legislation:C2008C00428:clause:3_21a
Version: federal_register_of_legislation:C2008C00428
Segment Type: clause
Provision Reference: sch 3 cl 21A
Character Range: 34058–36426

21A  Preservation of redundancy provisions in preserved collective State agreements in certain circumstances

 (1) This clause applies if a preserved collective State agreement is terminated, on application by the employer in relation to the agreement, by the Commission in accordance with subsection 170MH(3) of the pre‑reform Act.

Note: Subsection 170MH(3) of the pre‑reform Act applies because of subclause 21(2) of this Schedule and paragraph 2(1)(k) of Schedule 7.

 (2) Any party who was bound by the preserved collective State agreement immediately before it ceased operating continues to be bound, immediately after that time, by any redundancy provision that was included in the agreement as if the agreement had continued operating.

 (2A) Parts 6 and 14 of this Act apply to a redundancy provision referred to in subclause (2) as if the provision was a preserved collective State agreement in operation.

 (3) Subject to subclause (4), a redundancy provision referred to in subclause (2) prevails over any other redundancy provision included in any other instrument that would otherwise have effect.

 (4) A party continues to be bound by a redundancy provision referred to in subclause (2), in relation to an employee who is bound by the redundancy provision, until the earliest of the following:
 (a) the end of the period of 12 months from the time that the preserved collective State agreement ceased operating;
 (b) the time when the employee ceases to be employed by the employer;
 (c) the time when a workplace agreement comes into operation in relation to the employee and the employer.

 (5) In this clause:

instrument means any of the following:
 (a) a pre‑reform certified agreement (within the meaning of Schedule 7);
 (b) a notional agreement preserving State awards;
 (c) an award.

redundancy provision means any of the following kinds of provisions:
 (a) a provision relating to redundancy pay in relation to a termination of employment;
 (b) a provision that is incidental to a provision relating to redundancy pay in relation to a termination of employment;
 (c) a machinery provision that is in respect of a provision relating to redundancy pay in relation to a termination of employment;
where the termination is at the initiative of the employer and on the grounds of operational requirements, or because the employer is insolvent.