Document ID: chunk:federal_register_of_legislation:C2008C00428:clause:3_603b
Version: federal_register_of_legislation:C2008C00428
Segment Type: clause
Provision Reference: sch 3 cl 603B
Character Range: 23440–24803

603B  Lodging copy of notice about preserved redundancy provisions with Employment Advocate

 (1) If an employer gives a notice under section 603A to a transferring employee, the employer must lodge a copy of the notice with the Employment Advocate within the period specified in subsection (2). The copy must be lodged in accordance with subsection (3).

Note 1: This is a civil remedy provision, see section 605.

Note 2: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

 (2) The notice must be lodged within 14 days after the day specified in paragraph (a) or (b):
 (a) if the employer gives a notice to an employee in respect of a redundancy provision that was included in an AWA—the day on which that notice is given; or
 (b) if the employer gives one or more notices to one or more employees in respect of a redundancy provision that was included in a collective agreement—the earliest day on which a notice was given.

Lodgment with Employment Advocate

 (3) A notice is lodged with the Employment Advocate in accordance with this subsection only if it is actually received by the Employment Advocate.

Note: This means that section 29 of the Acts Interpretation Act 1901 (to the extent that it deals with the time of service of documents) does not apply to lodgment of a notice.