WORKPLACE RELATIONS ACT 1996 - SECT 583 Transmission of ITEA
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 583
Transmission of ITEANew employer bound by ITEA in operation
(1) If:
(a) immediately before the time of transmission:
(i) the old employer; and
(ii) an employee;
were bound by an ITEA that was in operation; and
(b) the employee is a transferring employee in relation to the ITEA;
the new employer is bound by the ITEA by force of this section.
Note: The new employer must notify the transferring employee and lodge a copy of the notice with the Workplace Authority Director (see sections 602 and 603).
Transferring employee considered an existing employee for the purposes of eligibility to make an ITEA
(1A) For the purposes of applying section 326 to a transferring employee in relation to a new employer:
(a) treat the employee as being in an employment relationship with the employer; and
(b) assume that subparagraphs 326(2)(b)(i) and (ia) do not apply to the employee.
Period for which new employer remains bound
(2) The new employer remains bound by the ITEA, by force of this section, until whichever of the following first occurs:
(a) the ITEA is terminated (see Division 9 of Part 8 as modified by section 584);
(b) the ITEA ceases to be in operation because it is replaced by another ITEA between the new employer and the transferring employee (see paragraph 347(4)(b));
(c) the transferring employee ceases to be a transferring employee in relation to the ITEA;
(d) the transmission period ends.
Old employer's rights and obligations that arose before time of transmission not affected
(3) This section does not affect the rights and obligations of the old employer that arose before the time of transmission.