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.

40   Redundancy provisions that were already preserved as at the WR Act repeal day

(1) This item applies if, immediately before the WR Act repeal day, redundancy provisions that were in a WR Act instrument (the terminated instrument ) that was terminated before that day (the actual termination ) were continuing to bind persons under any of the following provisions:

(a) section 399A of the WR Act;

(b) section 399A of the pre-transition Act (within the meaning of Schedule 7A to the WR Act);

(c) clause 6A of Schedule 7 to the WR Act;

(d) clause 20A of Schedule 7 to the WR Act;

(e) clause 21A of Schedule 8 to the WR Act;

(f) clause 21D of Schedule 8 to the WR Act.

(2) Item 38 applies as if:

(a) the redundancy provisions were a transitional instrument of the same kind as the terminated instrument; and

(b) a termination of that transitional instrument took effect on the WR Act repeal day as referred to in subitem 38(1); and

(c) the reference in paragraph 38(6)(a) to 24 months were instead a reference to the unexpired part of the period of 24 months that started on the actual termination.

(3) Item 39 does not apply to the termination referred to in paragraph (2)(b).