Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_126b
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 126B
Character Range: 564835–566192

126B  Transmitted award ceasing in relation to transferring employee

Transmitted award

 (1) This section applies if subsection 126(1) applies to an award (the transmitted award).

AWA

 (2) Despite section 100B, the transmitted award ceases to be in operation in relation to a transferring employee's employment with the new employer if the new employer makes an AWA with the transferring employee after the time of transmission.

Note: Section 100B provides that an award is normally only suspended while an AWA is in operation. The effect of subsection (2) of this section is to terminate the operation of the transmitted award in relation to the transferring employee when the AWA is made.

Collective agreement

 (3) Despite section 100B, the transmitted award ceases to be in operation in relation to a transferring employee's employment with the new employer if a collective agreement comes into operation in relation to the transferring employee's employment with the new employer after the time of transmission.

Note: Section 100B provides that an award is normally only suspended while a collective agreement is in operation. The effect of subsection (3) of this section is to terminate the operation of the transmitted award in relation to the transferring employee when the collective agreement is made.

Division 6—Transmission of APCS