This Part provides for the transfer of enterprise agreements, certain modern awards and certain other instruments if there is a transfer of business from one national system employer to another national system employer. (For a transfer of business from a non - national system employer that is a State public sector employer to a national system employer, see Part   6 - 3A.)

Division   2 describes when a transfer of business occurs and defines the following key concepts: old employer , new employer , transferring work , transferring employee and transferable instrument .

Division   2 also sets out the circumstances in which enterprise agreements, certain modern awards and certain other instruments that covered the old employer and the transferring employees (including high income employees) cover the new employer, the transferring employees and certain non - transferring employees and organisations.

Division   3 provides for the FWC to make orders in relation to a transfer of business.