WORKPLACE RELATIONS ACT 1996 - SECT 596 Interaction rules

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 596

Transmitted award

             (1)  This section applies if subsection 595(1) applies to an award (the transmitted award ).

Collective agreement

             (2)  Despite section 349 but subject to subsection (3), a collective agreement that is in operation at the time of transmission does not have effect in relation to an employee's employment while the transmitted award operates, in accordance with subsection 595(1), in relation to that employment.

Note 1:       But for subsection (2), section 349 would have the effect that the transmitted award would not have effect in relation to the employee's employment while a collective agreement operates in relation to that employment.

Note 2:       Section 597 modifies the operation of section 349 in relation to collective agreements that come into operation after the time of transmission.

             (3)  Despite subsection 595(1), if the employee agrees that the collective agreement is to operate in relation to that employment:

                     (a)  the collective agreement comes into operation in relation to that employment; and

                     (b)  the transmitted award ceases to be in operation in relation to that employment in accordance with subsection 597(3).