Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 315

Employer organisation covered by named employer award

  (1)   If:

  (a)   a named employer award covers the new employer because of paragraph   313(1)(a); and

  (b)   the named employer award covered an employer organisation in relation to the old employer immediately before the termination of a transferring employee's employment with the old employer;

then the named employer award covers the employer organisation in relation to the new employer.

Employee organisation covered by named employer award

  (2)   If:

  (a)   a named employer award covers the new employer and a transferring employee because of paragraph   313(1)(a); and

  (b)   the named employer award covered an employee organisation in relation to the transferring employee immediately before the termination of the transferring employee's employment with the old employer;

then the named employer award covers the employee organisation in relation to:

  (c)   the transferring employee; and

  (d)   any non - transferring employee of the new employer who:

  (i)   is covered by the named employer award because of a provision of this Part or an FWC order; and

  (ii)   performs the same work as the transferring employee.

Employee organisation covered by enterprise agreement

  (3)   To avoid doubt, if:

  (a)   an enterprise agreement covers a transferring employee or a non - transferring employee because of a provision of this Part or an FWC order; and

  (b)   the enterprise agreement covered an employee organisation immediately before the termination of the transferring employee's employment with the old employer;

then the enterprise agreement covers the employee organisation.