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WORKPLACE RELATIONS ACT 1996 - SECT 601G Compensation in respect of no-disadvantage test period

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 601G

Compensation in respect of no-disadvantage test period

             (1)  If, because of the operation of section 583 or 585, a workplace agreement to which section 346ZG applies bound an old employer and a new employer in relation to the employment of a transferring employee during the no‑disadvantage test period for that agreement, section 346ZG applies with the following modifications:

                     (a)  the transferring employee is entitled to be paid compensation by the old employer in respect of the period or periods during which the employee was employed by the old employer, worked out in accordance with the assumptions set out in subsection 346ZG(3); and

                     (b)  the transferring employee is entitled to be paid compensation by the new employer in respect of the period or periods during which the employee was employed by the new employer, worked out in accordance with the assumptions set out in subsection 346ZG(3), subject to the following modifications:

                              (i)  subparagraph 346ZG(3)(a)(i) is taken to refer to the instrument described in paragraph 601D(2)(a); and

                             (ii)  a reference in paragraph 346ZG(3)(b) to a designated provision is taken to be a reference to section 598A or clause 27A of Schedule 9, as the case requires.

             (2)  In this section:

"no-disadvantage test period" has the same meaning as in section 346ZG.