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WORKPLACE RELATIONS ACT 1996 - SECT 601H Notice requirements in relation to transmission of business

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 601H

Notice requirements in relation to transmission of business

             (1)  This section applies if:

                     (a)  a new employer is bound by a workplace agreement (the transmitted workplace agreement ) in relation to a transferring employee because of section 583 or 585; and

                     (b)  as at the time of transmission, the Workplace Authority Director has not yet decided whether the transmitted workplace agreement passes the no‑disadvantage test under section 346D or 346Z.

             (2)  The old employer must take reasonable steps to give a written notice to the Workplace Authority Director that:

                     (a)  identifies the transmitted workplace agreement; and

                     (b)  states whether or not the old employer remains bound by the transmitted workplace agreement in relation to the employment of any employees; and

                     (c)  specifies the date on which the transmission period in relation to the business being transferred ends; and

                     (d)  specifies the name and address of the new employer.

             (3)  Subsection (2) is a civil remedy provision.

Note:          See Division 11 of Part 8 for provisions on enforcement.