WORKPLACE RELATIONS ACT 1996 - SECT 399A Preservation of redundancy provisions in certain circumstances

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 399A

             (1)  This section applies if an ITEA is terminated unilaterally, in accordance with section 393, by the employer in relation to the ITEA or by a bargaining agent at the request of the employer in relation to the ITEA.

             (2)  Any party who was bound by the ITEA immediately before it ceased operating continues to be bound, immediately after that time, by any redundancy provision that was included in the ITEA as if the ITEA 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 an ITEA 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 24 months from the time that the ITEA 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.