Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 At the end of subsection 347(7)
Add:
Note: However, a redundancy provision that was included in a workplace agreement that has ceased operating might be preserved for a period of up to 12 months (see section 399A).
2 Paragraph 393(4)(b)
After "by the agreement", insert ", or is a bargaining agent doing so at the request of the employer bound by the agreement".
3 At the end of subsection 393(5)
Add:
; and (e) if the person giving the notice is the employer bound by the agreement, or is a bargaining agent doing so at the request of the employer bound by the agreement--state whether the parties to the workplace agreement will, under section 399A, continue to be bound by one or more redundancy provisions included in the workplace agreement; and
(f) if the parties to the workplace agreement will continue to be so bound--include an annexed copy of the provision or the provisions.
4 Paragraph 394(5)(a)
After "lodges", insert ", or a bargaining agent lodges at the request of the employer,".
5 Paragraph 394(5)(c)
Repeal the paragraph, substitute:
(c) a copy of the undertakings was not annexed to the declaration.
6 At the end of subsection 395(1)
Add:
; and (c) if the employer in relation to the agreement, or a bargaining agent at the request of the employer in relation to the agreement, lodges the declaration to terminate the agreement under section 393--the declaration states whether the parties to the agreement will, under section 399A, continue to be bound by one or more redundancy provisions included in the agreement.
7 Subsection 395(2)
Repeal the subsection, substitute:
(2) If the employer in relation to the agreement, or a bargaining agent at the request of the employer in relation to the agreement, lodges the declaration to terminate the agreement under section 393, undertakings are lodged in relation to the termination if a copy of the undertakings is annexed to the declaration.
8 After subsection 396(1)
Insert:
(1A) If the employer in relation to a workplace agreement, or a bargaining agent at the request of the employer in relation to a workplace agreement, lodged a declaration under subsection 395(1) to terminate the agreement under section 393, the receipt must state whether:
(a) the declaration so lodged states that the parties to the workplace agreement will continue to be bound by one or more redundancy provisions included in the workplace agreement that was terminated; and
(b) a copy of the provision or provisions was annexed to the declaration.
9 At the end of Division 9 of Part 8
Add:
399A Preservation of redundancy provisions in certain circumstances
(1) This section applies if a workplace agreement is terminated unilaterally, in accordance with section 393, by the employer in relation to the agreement or by a bargaining agent at the request of the employer in relation to the agreement.
(2) Any party who was bound by the workplace agreement immediately before it ceased operating continues to be bound, immediately after that time, by any redundancy provision that was included in the workplace agreement as if the workplace agreement had continued operating.
(2A) Parts 6 and 14 of this Act apply to a redundancy provision referred to in subsection (2) as if the provision was a workplace agreement in operation.
(3) A party continues to be bound by a redundancy provision referred to in subsection (2), in relation to an employee who is bound by the redundancy provision, until the earliest of the following:
(a) the end of the period of 12 months from the time that the workplace agreement ceased operating;
(b) the time when the employee ceases to be employed by the employer;
(c) the time when another workplace agreement comes into operation in relation to the employee and the employer.
(4) In this section:
"redundancy provision" means any of the following kinds of provisions:
(a) a provision relating to redundancy pay in relation to a termination of employment;
(b) a provision that is incidental to a provision relating to redundancy pay in relation to a termination of employment;
(c) a machinery provision that is in respect of a provision relating to redundancy pay in relation to a termination of employment;
where the termination is at the initiative of the employer and on the grounds of operational requirements, or because the employer is insolvent.
10 After Division 6 of Part 11
Insert:
Division 6A -- Transmission of preserved redundancy provisions from workplace agreements
598A Transmission of preserved redundancy provisions from workplace agreements
(1) If:
(a) immediately before the time of transmission:
(i) the old employer; and
(ii) an employee;
were bound, under section 399A or because of a previous application of this section, by a redundancy provision that was previously included in a workplace agreement that was terminated; and
(b) the employee is a transferring employee;
the new employer is bound by the redundancy provision in relation to the transferring employee by force of this section.
Note: The new employer must notify the transferring employee and lodge a copy of the notice with the Employment Advocate (see sections 603A and 603B).
(2) Subject to subsection (3), the redundancy provision prevails over any other redundancy provision included in any other instrument that would otherwise have effect, to the extent of any inconsistency.
Period for which new employer remains bound
(3) The new employer remains bound by the redundancy provision in relation to the transferring employee, by force of this section, until the earliest of the following:
(a) the end of the period of 12 months from the time that the workplace agreement referred to in paragraph (1)(a) ceased operating;
(b) the time when the transferring employee ceases to be employed by the new employer;
(c) the time when another workplace agreement comes into operation in relation to the new employer and the transferring employee.
Old employer's rights and obligations that arose before time of transmission not affected
(4) This section does not affect the rights and obligations of the old employer that arose before the time of transmission.
Definitions
(5) In this section:
"instrument" means any of the following:
(a) a workplace agreement;
(b) a pre - reform certified agreement (within the meaning of Schedule 7);
(c) a preserved State agreement;
(d) a notional agreement preserving State awards;
(e) an award.
"redundancy provision" means any of the following kinds of provisions:
(a) a provision relating to redundancy pay in relation to a termination of employment;
(b) a provision that is incidental to a provision relating to redundancy pay in relation to a termination of employment;
(c) a machinery provision that is in respect of a provision relating to redundancy pay in relation to a termination of employment;
where the termination is at the initiative of the employer and on the grounds of operational requirements, or because the employer is insolvent.
11 After section 603
Insert:
603A Informing transferring employees about transmission of preserved redundancy provisions
(1) This section applies if an employer is bound, by force of section 598A, by one or more redundancy provisions (within the meaning of that section) in relation to a transferring employee.
(2) Within 28 days after the transferring employee starts being employed by the employer, the employer must take reasonable steps to give the transferring employee a written notice that complies with subsection (3).
Note: This is a civil remedy provision, see section 605.
(3) The notice must:
(a) identify the redundancy provision or redundancy provisions; and
(b) state that the employer is bound by the provision or provisions; and
(c) specify the date that is 12 months after the time that the workplace agreement that included the provision or provisions ceased operating; and
(d) state that the employer will remain bound by the provision or provisions until that date, or an earlier date in accordance with subsection 598A(3).
(4) Subsection (2) does not apply if a workplace agreement comes into operation in relation to the employer and the transferring employee within 14 days of the time of transmission.
603B Lodging copy of notice about preserved redundancy provisions with Employment Advocate
(1) If an employer gives a notice under section 603A to a transferring employee, the employer must lodge a copy of the notice with the Employment Advocate within the period specified in subsection (2). The copy must be lodged in accordance with subsection (3).
Note 1: This is a civil remedy provision, see section 605.
Note 2: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.
(2) The notice must be lodged within 14 days after the day specified in paragraph (a) or (b):
(a) if the employer gives a notice to an employee in respect of a redundancy provision that was included in an AWA--the day on which that notice is given; or
(b) if the employer gives one or more notices to one or more employees in respect of a redundancy provision that was included in a collective agreement--the earliest day on which a notice was given.
Lodgment with Employment Advocate
(3) A notice is lodged with the Employment Advocate in accordance with this subsection only if it is actually received by the Employment Advocate.
Note: This means that section 29 of the Acts Interpretation Act 1901 (to the extent that it deals with the time of service of documents) does not apply to lodgment of a notice.
12 Subsection 604(1)
After "603", insert "or 603B".
13 Subsection 604(2)
After "603", insert "or 603B (as the case requires)".
14 Subsection 604(3)
After "603", insert "or 603B".
15 At the end of subsection 605(1)
Add:
; (d) subsection 603A(2);
(e) subsection 603B(1).
16 Subsection 605(5)
After "an instrument", insert ", or in relation to a preserved redundancy provision that was previously included in an instrument,".
17 Subsection 605(5) (table item 2)
After "bound by the agreement", insert "or the redundancy provision".
17A Section 717 (note 1 to the definition of applicable provision )
Before "This", insert "Preserved redundancy provisions are treated as if they were workplace agreements (see for example section 399A).".
18 At the end of subclause 3(4) of Schedule 7
Add:
Note: However, a redundancy provision that was included in a pre - reform certified agreement that has ceased operating might be preserved for a period of up to 12 months (see clause 6A).
19 After clause 6 of Schedule 7
Insert:
6A Preservation of redundancy provisions in certain circumstances
(1) This clause applies if a pre - reform certified agreement is terminated, on application by the employer in relation to the agreement, by the Commission in accordance with subsection 170MH(3) of the pre - reform Act.
Note: Subsection 170MH(3) of the pre - reform Act continues to apply because of paragraph 2(1)(k) of this Schedule.
(2) Any party who was bound by the pre - reform certified agreement immediately before it ceased operating continues to be bound, immediately after that time, by any redundancy provision that was included in the pre - reform certified agreement as if the pre - reform certified agreement had continued operating.
(2A) Parts 6 and 14 of this Act apply to a redundancy provision referred to in subclause (2) as if the provision was a pre - reform certified agreement in operation.
(3) Subject to subclause (4), a redundancy provision referred to in subclause (2) prevails over any other redundancy provision included in any other instrument that would otherwise have effect.
(4) A party continues to be bound by a redundancy provision referred to in subclause (2), in relation to an employee who is bound by the redundancy provision, until the earliest of the following:
(a) the end of the period of 12 months from the time that the pre - reform certified agreement ceased operating;
(b) the time when the employee ceases to be employed by the employer;
(c) the time when a workplace agreement comes into operation in relation to the employee and the employer.
(5) In this clause:
"instrument" means either of the following:
(a) a preserved State agreement;
(b) a notional agreement preserving State awards;
(c) an award;
(d) a transitional award (within the meaning of Schedule 6).
"redundancy provision" means any of the following kinds of provisions:
(a) a provision relating to redundancy pay in relation to a termination of employment;
(b) a provision that is incidental to a provision relating to redundancy pay in relation to a termination of employment;
(c) a machinery provision that is in respect of a provision relating to redundancy pay in relation to a termination of employment;
where the termination is at the initiative of the employer and on the grounds of operational requirements, or because the employer is insolvent.
6B Notification of preservation of redundancy provisions
(1) This clause applies if the parties to a pre - reform certified agreement will, under clause 6A, continue to be bound by one or more redundancy provisions included in the agreement.
(2) The Commission must issue a copy of the order terminating the agreement to:
(a) the employer who will be bound by the redundancy provision or the redundancy provisions; and
(b) any organisation of employees that will be bound by the redundancy provision or the redundancy provisions.
(3) The order must:
(a) identify the redundancy provision or the redundancy provisions; and
(b) state that the parties to the agreement will be bound by the provision or provisions; and
(c) specify the date that is 12 months after the time that the order terminating the agreement takes effect; and
(d) state that the parties will remain bound by the provision or provisions until that date, or an earlier date in accordance with subclause 6A(4).
6C Employer must notify employees of preserved redundancy provisions
(1) An employer that has, under clause 6B, received a copy of an order terminating a pre - reform certified agreement must take reasonable steps to ensure that all employees who are bound by the agreement immediately before the agreement ceases operating are, within 21 days of the employer receiving a copy of the order, given a copy of the order.
(2) Subclause (1) is a civil remedy provision for the purpose of this clause.
Note: Division 3 of Part 14 contains other provisions relevant to civil remedies.
(3) The Court may order a person who has contravened the civil remedy provision to pay a pecuniary penalty.
Note: Division 3 of Part 14 contains other provisions relevant to civil remedies.
(4) The penalty cannot be more than 300 penalty units for a body corporate or 60 penalty units in other cases.
(5) An application for an order under subclause (3) in relation to a pre - reform certified agreement may be made by the following persons:
(a) an employee who is bound by the agreement immediately before the agreement ceases operating;
(b) an organisation of employees that is bound by the agreement immediately before the agreement ceases operating;
(c) an organisation of employees that is entitled, under its eligibility rules, to represent the industrial interests of an employee referred to in paragraph (a) and has been requested by the employee to apply for the order on the employee's behalf;
(d) a workplace inspector.
20 At the end of subclause 18(3) of Schedule 7
Add:
Note: However, a redundancy provision that was included in a pre - reform AWA that has ceased operating might be preserved for a period of up to 12 months (see clause 20A).
21 After clause 20 of Schedule 7
Insert:
20A Preservation of redundancy provisions in certain circumstances
(1) This clause applies if a pre - reform AWA is terminated, on application by the employer in relation to the AWA, by the Commission in accordance with subsection 170VM(3) of the pre - reform Act.
Note: Subsection 170VM(3) of the pre - reform Act continues to apply because of paragraph 17(1)(c) of this Schedule.
(2) The employer and the employee in relation to the pre - reform AWA continue to be bound, immediately after the pre - reform AWA ceases operating, by any redundancy provision that was included in the pre - reform AWA as if the pre - reform AWA had continued operating.
(2A) Parts 6 and 14 of this Act apply to a redundancy provision referred to in subclause (2) as if the provision was a pre - reform AWA in operation.
(3) Subject to subclause (4), a redundancy provision referred to in subclause (2) prevails over any other redundancy provision included in any other instrument that would otherwise have effect.
(4) The employer continues to be bound by a redundancy provision referred to in subclause (2), in relation to the employee, until the earliest of the following:
(a) the end of the period of 12 months from the time that the pre - reform AWA ceases operating;
(b) the time when the employee ceases to be employed by the employer;
(c) the time when a workplace agreement comes into operation in relation to the employee and the employer.
(5) In this clause:
"instrument" means any of the following:
(a) a collective agreement;
(b) a pre - reform certified agreement;
(c) a notional agreement preserving State awards;
(d) an award.
"redundancy provision" means any of the following kinds of provisions:
(a) a provision relating to redundancy pay in relation to a termination of employment;
(b) a provision that is incidental to a provision relating to redundancy pay in relation to a termination of employment;
(c) a machinery provision that is in respect of a provision relating to redundancy pay in relation to a termination of employment;
where the termination is at the initiative of the employer and on the grounds of operational requirements, or because the employer is insolvent.
20B Notification of preservation of redundancy provisions
(1) This clause applies if the employer and the employee in relation to a pre - reform AWA will, under clause 20A, continue to be bound by one or more redundancy provisions included in the pre - reform AWA.
(2) The determination issued by the Commission under subsection 170VM(4) of the pre - reform Act must:
(a) identify the redundancy provision or the redundancy provisions; and
(b) state that the employer and the employee in relation to the pre - reform AWA will be bound by the provision or provisions; and
(c) specify the date that is 12 months after the time that the determination terminating the pre - reform AWA takes effect; and
(d) state that the employer and the employee will remain bound by the provision or provisions until that date, or an earlier date in accordance with subclause 20A(4).
22 After clause 21 of Schedule 8
Insert:
(1) This clause applies if a preserved collective State agreement is terminated, on application by the employer in relation to the agreement, by the Commission in accordance with subsection 170MH(3) of the pre - reform Act.
Note: Subsection 170MH(3) of the pre - reform Act applies because of subclause 21(2) of this Schedule and paragraph 2(1)(k) of Schedule 7.
(2) Any party who was bound by the preserved collective State agreement immediately before it ceased operating continues to be bound, immediately after that time, by any redundancy provision that was included in the agreement as if the agreement had continued operating.
(2A) Parts 6 and 14 of this Act apply to a redundancy provision referred to in subclause (2) as if the provision was a preserved collective State agreement in operation.
(3) Subject to subclause (4), a redundancy provision referred to in subclause (2) prevails over any other redundancy provision included in any other instrument that would otherwise have effect.
(4) A party continues to be bound by a redundancy provision referred to in subclause (2), in relation to an employee who is bound by the redundancy provision, until the earliest of the following:
(a) the end of the period of 12 months from the time that the preserved collective State agreement ceased operating;
(b) the time when the employee ceases to be employed by the employer;
(c) the time when a workplace agreement comes into operation in relation to the employee and the employer.
(5) In this clause:
"instrument" means any of the following:
(a) a pre - reform certified agreement (within the meaning of Schedule 7);
(b) a notional agreement preserving State awards;
(c) an award.
"redundancy provision" means any of the following kinds of provisions:
(a) a provision relating to redundancy pay in relation to a termination of employment;
(b) a provision that is incidental to a provision relating to redundancy pay in relation to a termination of employment;
(c) a machinery provision that is in respect of a provision relating to redundancy pay in relation to a termination of employment;
where the termination is at the initiative of the employer and on the grounds of operational requirements, or because the employer is insolvent.
21B Notification of preservation of redundancy provisions in preserved collective State agreements
(1) This clause applies if the parties to a preserved collective State agreement will, under clause 21A, continue to be bound by one or more redundancy provisions included in the agreement.
(2) The Commission must issue a copy of the order terminating the agreement to:
(a) the employer who will be bound by the redundancy provision or the redundancy provisions; and
(b) any organisation that will be bound by the redundancy provision or the redundancy provisions.
(3) The order must:
(a) identify the redundancy provision or the redundancy provisions; and
(b) state that the parties to the agreement will be bound by the provision or provisions; and
(c) specify the date that is 12 months after the time that the order terminating the agreement takes effect; and
(d) state that the parties will remain bound by the provision or provisions until that date, or an earlier date in accordance with subclause 21A(4).
(1) An employer that has, under clause 21B, received a copy of an order terminating a preserved collective State agreement must take reasonable steps to ensure that all employees who are bound by the agreement immediately before the agreement ceases operating are, within 21 days of the employer receiving a copy of the order, given a copy of the order.
(2) Subclause (1) is a civil remedy provision for the purpose of this clause.
Note: Division 3 of Part 14 contains other provisions relevant to civil remedies.
(3) The Court may order a person who has contravened the civil remedy provision to pay a pecuniary penalty.
Note: Division 3 of Part 14 contains other provisions relevant to civil remedies.
(4) The penalty cannot be more than 300 penalty units for a body corporate or 60 penalty units in other cases.
(5) An application for an order under subclause (3) in relation to a preserved collective State agreement may be made by the following persons:
(a) an employee who is bound by the agreement immediately before the agreement ceases operating;
(b) an organisation of employees that is bound by the agreement immediately before the agreement ceases operating;
(c) an organisation of employees that is entitled, under its eligibility rules, to represent the industrial interests of an employee referred to in paragraph (a) and has been requested by the employee to apply for the order on the employee's behalf;
(d) a workplace inspector.
(1) This clause applies if a preserved individual State agreement is terminated, on application by the employer in relation to the agreement, by the Commission in accordance with subsection 170VM(3) of the pre - reform Act.
Note: Subsection 170VM(3) of the pre - reform Act applies because of subclause 21(3) of this Schedule and paragraph 17(1)(c) of Schedule 7.
(2) The employer and the employee in relation to the preserved individual State agreement continue to be bound, immediately after the agreement ceases operating, by any redundancy provision that was included in the agreement as if the agreement had continued operating.
(2A) Parts 6 and 14 of this Act apply to a redundancy provision referred to in subclause (2) as if the provision was a preserved individual State agreement in operation.
(3) Subject to subclause (4), a redundancy provision referred to in subclause (2) prevails over any other redundancy provision included in any other instrument that would otherwise have effect.
(4) The employer continues to be bound by a redundancy provision referred to in subclause (2), in relation to the employee, until the earliest of the following:
(a) the end of the period of 12 months from the time that the preserved individual State agreement ceases operating;
(b) the time when the employee ceases to be employed by the employer;
(c) the time when a workplace agreement comes into operation in relation to the employee and the employer.
(5) In this clause:
"instrument" means any of the following:
(a) a pre - reform certified agreement (within the meaning of Schedule 7);
(b) a notional agreement preserving State awards;
(c) an award.
"redundancy provision" means any of the following kinds of provisions:
(a) a provision relating to redundancy pay in relation to a termination of employment;
(b) a provision that is incidental to a provision relating to redundancy pay in relation to a termination of employment;
(c) a machinery provision that is in respect of a provision relating to redundancy pay in relation to a termination of employment;
where the termination is at the initiative of the employer and on the grounds of operational requirements, or because the employer is insolvent.
21E Notification of preservation of redundancy provisions
(1) This clause applies if the employer and the employee in relation to a preserved individual State agreement will, under clause 21D, continue to be bound by one or more redundancy provisions included in the agreement.
(2) The determination issued by the Commission under subsection 170VM(4) of the pre - reform Act must:
(a) identify the redundancy provision or the redundancy provisions; and
(b) state that the employer and the employee in relation to the preserved individual State agreement will be bound by the provision or provisions; and
(c) specify the date that is 12 months after the time that the determination terminating the agreement takes effect; and
(d) state that the employer and the employee will remain bound by the provision or provisions until that date, or an earlier date in accordance with subclause 21D(4).
23 After Part 5 of Schedule 9
Insert:
Part 5A -- Transmission of preserved redundancy provisions
27A Transmission of preserved redundancy provisions
(1) If:
(a) immediately before the time of transmission:
(i) the old employer; and
(ii) an employee;
were bound, under clause 6A or 20A of Schedule 7, clause 21A or 21D of Schedule 8, or because of a previous application of this clause, by a redundancy provision that was previously included in an agreement that was terminated; and
(b) the employee is a transferring employee;
the new employer is bound by the redundancy provision in relation to the transferring employee by force of this clause.
Note: The new employer must notify the transferring employee and lodge a copy of the notice with the Employment Advocate (see clauses 29A and 29B).
(2) Subject to subclause (3), the redundancy provision prevails over any other redundancy provision included in any other instrument that would otherwise have effect, to the extent of any inconsistency.
Period for which new employer remains bound
(3) The new employer remains bound by the redundancy provision in relation to the transferring employee, by force of this clause, until the earliest of the following:
(a) the end of the period of 12 months from the time that the agreement referred to in paragraph (1)(a) ceased operating;
(b) the time when the transferring employee ceases to be employed by the new employer;
(c) the time when a workplace agreement comes into operation in relation to the new employer and the transferring employee.
Old employer's rights and obligations that arose before time of transmission not affected
(4) This clause does not affect the rights and obligations of the old employer that arose before the time of transmission.
Definitions
(5) In this clause:
"instrument" means any of the following:
(a) a workplace agreement;
(b) a pre - reform certified agreement (within the meaning of Schedule 7);
(c) a preserved State agreement;
(d) a notional agreement preserving State awards;
(e) an award;
(f) a transitional award (within the meaning of Schedule 6).
"redundancy provision" means any of the following kinds of provisions:
(a) a provision relating to redundancy pay in relation to a termination of employment;
(b) a provision that is incidental to a provision relating to redundancy pay in relation to a termination of employment;
(c) a machinery provision that is in respect of a provision relating to redundancy pay in relation to a termination of employment;
where the termination is at the initiative of the employer and on the grounds of operational requirements, or because the employer is insolvent.
24 After clause 29 of Schedule 9
Insert:
29A Informing transferring employees about transmission of preserved redundancy provisions
(1) This clause applies if an employer is bound, by force of clause 27A, by one or more redundancy provisions (within the meaning of that clause) in relation to a transferring employee.
(2) Within 28 days after the transferring employee starts being employed by the employer, the employer must take reasonable steps to give the transferring employee a written notice that complies with subclause (3).
Note: This is a civil remedy provision, see clause 31.
(3) The notice must:
(a) identify the redundancy provision or the redundancy provisions; and
(b) state that the employer is bound by the provision or provisions; and
(c) specify the date that is 12 months after the time that the agreement that included the provision or provisions ceased operating; and
(d) state that the employer will remain bound by the provision or provisions until that date, or an earlier date in accordance with subclause 27A(3).
(4) Subclause (2) does not apply if a workplace agreement comes into operation in relation to the employer and the transferring employee within 14 days of the time of transmission.
29B Lodging copy of notice about preserved redundancy provisions with Employment Advocate
(1) If an employer gives a notice under clause 29A to a transferring employee, the employer must lodge a copy of the notice with the Employment Advocate within the period specified in subclause (2). The copy must be lodged in accordance with subclause (3).
Note 1: This is a civil remedy provision, see clause 31.
Note 2: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.
(2) The notice must be lodged within 14 days after the day specified in paragraph (a) or (b):
(a) if the employer gives a notice to an employee in respect of a redundancy provision that was included in a pre - reform AWA or a preserved individual State agreement--the day on which that notice is given; or
(b) if the employer gives one or more notices to one or more employees in respect of a redundancy provision that was included in a pre - reform certified agreement or a preserved collective State agreement--the earliest day on which a notice was given.
Lodgment with Employment Advocate
(3) A notice is lodged with the Employment Advocate in accordance with this subclause only if it is actually received by the Employment Advocate.
Note: This means that section 29 of the Acts Interpretation Act 1901 (to the extent that it deals with the time of service of documents) does not apply to lodgment of a notice.
25 Subclause 30(1) of Schedule 9
After "29", insert "or 29B".
26 Subclause 30(2) of Schedule 9
After "29", insert "or 29B (as the case requires)".
27 Subclause 30(3) of Schedule 9
After "29", insert "or 29B".
28 At the end of subclause 31(1) of Schedule 9
Add:
; (c) subclause 29A(2);
(d) subclause 29B(1).
29 Subclause 31(4) of Schedule 9
After "an instrument", insert ", or in relation to a preserved redundancy provision that was previously included in an instrument,".
30 Subclause 31(4) of Schedule 9 (table items 2 and 4)
After "bound by the agreement", insert "or the redundancy provision".
31 Application
The amendments made by this Schedule apply to agreements that are terminated after this item commences.