WORKPLACE RELATIONS ACT 1996 - SECT 885 Additional effect of Act--transmission of business

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 885

             (1)  Without affecting its operation apart from this section, Part 11 also has the effect it would have if:

                     (a)  each reference in that Part to an employer (within the meaning of that Part) included a reference to an employer (within the meaning of this Division) in Victoria; and

                     (b)  each reference in that Part to an employee (within the meaning of that Part) included a reference to an employee (within the meaning of this Division) in Victoria; and

                     (c)  each reference in that Part to employment (within the meaning of that Part) included a reference to the employment of an employee (within the meaning of this Division) in Victoria by an employer (within the meaning of this Division) in Victoria; and

                     (d)  each reference in that Part to employed (within the meaning of that Part) included a reference to employed (within the meaning of this Division) in Victoria by an employer (within the meaning of this Division) in Victoria; and

                     (e)  Division 5 of that Part had not been enacted; and

                      (f)  each reference in that Part to an ITEA (within the meaning of that Part) included a reference to an ITEA made under Part 8 (as Part 8 has effect because of section 869); and

                     (h)  each reference in that Part to a collective agreement (within the meaning of that Part) included a reference to a collective agreement made under Part 8 (as Part 8 has effect because of section 869); and

                      (i)  each reference in that Part to a workplace agreement (within the meaning of that Part) included a reference to a workplace agreement made under Part 8 (as Part 8 has effect because of section 869); and

                      (j)  each reference in that Part to the Australian Fair Pay and Conditions Standard (within the meaning of that Part) included a reference to the Australian Fair Pay and Conditions Standard as that Standard has effect because of section 861; and

                     (k)  each reference in that Part to an APCS (within the meaning of that Part) included a reference to an APCS in force under Part 7 (as Part 7 has effect because of section 861).

             (2)  To the extent to which Part 11 (as it has effect because of subsection (1)) applies if an employer (within the meaning of this Division) in Victoria becomes the successor, transmittee or assignee of the whole, or a part, of a business of:

                     (a)  another employer (within the meaning of subsection 6(1)); or

                     (b)  another employer (within the meaning of this Division) in Victoria;

that Part has effect only for so long, and in so far, as the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria refers to the Parliament of the Commonwealth a matter or matters that result in the Parliament of the Commonwealth having sufficient legislative power for that Part so to have effect.

             (3)  To the extent to which Subdivision B of Division 4 of Part 11 (as it has effect because of subsection (1)) applies if an employer (within the meaning of this Division) in Victoria is likely to become the successor, transmittee or assignee of the whole, or a part, of a business of:

                     (a)  another employer (within the meaning of subsection 6(1)); or

                     (b)  another employer (within the meaning of this Division) in Victoria;

that Subdivision has effect only for so long, and in so far, as the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria refers to the Parliament of the Commonwealth a matter or matters that result in the Parliament of the Commonwealth having sufficient legislative power for that Subdivision so to have effect.