Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_125c
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 125C
Character Range: 554332–556114

125C  Termination of transmitted collective agreement

Transmitted agreement

 (1) This section applies if subsection 125(1) applies to a collective agreement (the transmitted collective agreement).

Modified operation of subsections 103K(2) and 103L(2)

 (2) The transmitted collective agreement cannot be terminated under subsection 103K(2) or 103L(2) during the transmission period (even if the transmitted collective agreement has passed its nominal expiry date).

Subsection 103R(1) does not apply

 (3) Despite subsection 103R(1), a workplace agreement or an award may have effect in relation to a transferring employee's employment with the new employer if:
 (a) the transmitted collective agreement is terminated during the transmission period; or
 (b) the new employer ceases to be bound by the transmitted collective agreement because the transmission period ends.

Note: Paragraph (3)(b) is included for the avoidance of doubt. Subsection 103R(1) only applies if a workplace agreement is terminated. Technically, the end of the transmission period does not terminate the transmitted collective agreement. The new employer merely ceases to be bound by it.

Special rule for transmitted workplace determination

 (4) If the transmitted collective agreement is a workplace determination, subsection 113F(3) ceases to apply to the transmitted collective agreement at the time of transmission.

Note 1: Subsection 113F(1) provides that this Act generally applies to a workplace determination as if it were a collective agreement.

Note 2: Subsection 113F(3) would otherwise prevent the transmitted workplace determination from being terminated under Subdivision B of Division 9 of Part VB before it had passed its nominal expiry date.

Subdivision B—Commission's powers