Industrial Relations Regulation 2018
sec.141Effect of withdrawal on agreements, arrangements or other instruments
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sec.141 Effect of withdrawal on agreements, arrangements or other instruments
This section applies if an instrument other than an order of the commission or an industrial instrument— operated immediately before a withdrawal day for a newly registered organisation; and is an agreement, arrangement or other instrument— that applied to the amalgamated organisation from which a constituent part withdrew to form the newly registered organisation; or given to, or in favour of, the amalgamated organisation; or that refers to the amalgamated organisation; or under which a right or liability accrues, or may accrue, to the amalgamated organisation for the constituent part and its members. The instrument, as far as its context permits, continues to operate from the withdrawal day as if a reference in the instrument to the amalgamated organisation included a reference to the newly registered organisation. (sec.141-ssec.1) This section applies if an instrument other than an order of the commission or an industrial instrument— operated immediately before a withdrawal day for a newly registered organisation; and is an agreement, arrangement or other instrument— that applied to the amalgamated organisation from which a constituent part withdrew to form the newly registered organisation; or given to, or in favour of, the amalgamated organisation; or that refers to the amalgamated organisation; or under which a right or liability accrues, or may accrue, to the amalgamated organisation for the constituent part and its members. (sec.141-ssec.2) The instrument, as far as its context permits, continues to operate from the withdrawal day as if a reference in the instrument to the amalgamated organisation included a reference to the newly registered organisation.
- (a) operated immediately before a withdrawal day for a newly registered organisation; and
- (b) is an agreement, arrangement or other instrument— (i) that applied to the amalgamated organisation from which a constituent part withdrew to form the newly registered organisation; or (ii) given to, or in favour of, the amalgamated organisation; or (iii) that refers to the amalgamated organisation; or (iv) under which a right or liability accrues, or may accrue, to the amalgamated organisation for the constituent part and its members.
- (i) that applied to the amalgamated organisation from which a constituent part withdrew to form the newly registered organisation; or
- (ii) given to, or in favour of, the amalgamated organisation; or
- (iii) that refers to the amalgamated organisation; or
- (iv) under which a right or liability accrues, or may accrue, to the amalgamated organisation for the constituent part and its members.
- (i) that applied to the amalgamated organisation from which a constituent part withdrew to form the newly registered organisation; or