Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (55 of 2009)

Schedule 3   Continued existence of awards, workplace agreements and certain other WR Act instruments

Part 6   Preservation of redundancy provisions in agreements etc.

39   Notification of preservation of redundancy provisions

When this item applies

(1) This item applies if:

(a) FWA makes a decision (a termination decision ) of either of the following kinds:

(i) a decision to terminate a transitional instrument as referred to in paragraph 38(1)(a);

(ii) a decision to approve a termination of a transitional instrument as referred to in paragraph 38(1)(b); and

(b) when the termination takes effect, one or more redundancy provisions in the instrument will continue to apply to persons ( affected persons ) in accordance with item 38.

Notification requirements if the transitional instrument is a preserved collective State agreement or a pre-reform certified agreement

(2) If the transitional instrument is a preserved collective State agreement or a pre-reform certified agreement:

(a) the termination decision must:

(i) identify the redundancy provision or the redundancy provisions; and

(ii) state that the provision or provisions will continue to apply to the affected persons; and

(iii) specify the date that is 24 months after the time when the termination takes effect; and

(iv) state that the provision or provisions will continue to apply until that date, or an earlier date, in accordance with subitem 38(6); and

(b) FWA must give a copy of the termination decision to each affected person that is:

(i) an employer; or

(ii) an employee organisation.

(3) An employer that has, under subitem (2), received a copy of a termination decision must take reasonable steps to ensure that all employees to whom the instrument applied immediately before the termination takes effect are given a copy of the decision within 21 days of the employer receiving a copy of the decision.

Note: For compliance with this obligation, see item 4 of Schedule 16.

Notification requirements if the transitional instrument is an individual agreement-based transitional instrument

(4) If the transitional instrument is an individual agreement-based transitional instrument, the termination decision must:

(a) identify the redundancy provision or the redundancy provisions; and

(b) state that the provision or provisions will continue to apply to the affected persons; and

(c) specify the date that is 24 months after the time when the termination takes effect; and

(d) state that the provision or provisions will continue to apply until that date, or an earlier date, in accordance with subitem 38(6).