Effect of transfer of contract of employment on collective agreements14
Where at the time of the transfer of a transferred contract there exists a collective agreement made by or on behalf of the Assembly with a trade union recognised by the Assembly in respect of any listed relevant employee whose contract of employment is preserved by article 4, then—
a
without prejudice to sections 179 and 180 of the 1992 Act (collective agreements presumed to be unenforceable in specified circumstances) that agreement, in its application in relation to that employee, shall, after the transfer, have effect as if made by or on behalf of the Assembly Commission with that trade union, and accordingly anything done under or in connection with it, in its application in relation to that employee, by or in relation to the Assembly before the transfer, shall, after the transfer, be deemed to have been done by or in relation to the Assembly Commission; and
b
any order made in respect of that agreement, in its application in relation to that employee, shall, after the transfer, have effect as if the Assembly Commission were a party to the agreement.