Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:8:p4
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 8 (pt 4/14)
Character Range: 261333–263982

of that Party.

2. If an employee:

         (a) is covered by the legislation of one Party; and

         (b) was sent, whether before, on or after the entry into force of this Agreement, by an employer who is subject to the legislation of that Party to work in the territory of the other Party; and

         (c) is working in the territory of the other Party in the employment of the employer or a related entity of that employer; and

    (d) is not working permanently in the territory of the other Party;

    the employer and employee shall, for a period not exceeding 4 years from the time the employee is sent to work in the territory of the other Party, be subject only to the legislation of the Party from which the employee was sent in respect of the work and the remuneration paid for the work. An entity is a related entity of an employer if the entity and the employer are members of the same wholly or majority owned group.

    3. If the employer for the purposes of paragraph 2 of this Article is the Government of a Party, then the time limit specified in paragraph 2 shall not apply. For the purposes of this paragraph, Government includes:

       in relation to Australia, a political subdivision or local authority of Australia;

       in relation to Ireland, a local authority of Ireland.

    4. If an employee is working in the employment of an employer on a ship in international traffic the employer of the employee and employee shall in respect of the employment and the remuneration paid for that employment be subject only to the legislation of the Party of which the employee is resident.

    5. A person who is a member of the travelling or flying personnel of a transport undertaking who is employed in the territory of both Parties shall be subject to the legislation of that Party in which the undertaking has its registered office, unless

        (a) the employee is permanently employed by a branch office or permanent representation of the employer in the territory of the other Party, or

        (b) the employee is permanently resident in and is mainly employed in the territory of the other Party,

    in which case he or she shall be subject to the legislation of the latter Party. In any case, for the purposes of this paragraph, an Australian resident employee working for an Australian resident employer shall be subject to the legislation of Australia.

ARTICLE 9

Exception Agreements

    1. The Competent Authorities may, for the purposes of this Part, by agreement in writing:

        (a) extend the period of 4 years referred to in paragraph 2 of Article 8 for any employee; or

        (b)