Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 768AM

Transferring employee and organisations

  (1)   A copied State instrument for a transferring employee applies to the transferring employee or an organisation if:

  (a)   the instrument covers the employee or organisation; and

  (b)   the instrument is in operation; and

  (c)   no other provision of this Act provides, or has the effect, that the instrument does not apply to the employee or organisation; and

  (d)   immediately before the employee's termination time, the employee or organisation would have been:

  (i)   required by the law of the State to comply with terms of the original State award or original State agreement for the instrument; or

  (ii)   entitled under the law of the State to enforce terms of the original State award or original State agreement for the instrument.

New employer and other employers

  (2)   A copied State instrument for a transferring employee applies to an employer (whether the new employer or another employer) if:

  (a)   the instrument covers the employer; and

  (b)   the instrument is in operation; and

  (c)   no other provision of this Act provides, or has the effect, that the instrument does not apply to the employer; and

  (d)   immediately before the employee's termination time, the old State employer would have been:

  (i)   required by the law of the State to comply with terms of the original State award or original State agreement for the instrument; or

  (ii)   entitled under the law of the State to enforce terms of the original State award or original State agreement for the instrument.

Note:   This subsection may operate in relation to an employer that is not the new employer in the situation where there has been a later transfer of business by the new employer (see Part   2 - 8).

Other circumstances when instrument applies

  (3)   A copied State instrument for a transferring employee also applies to a person if an FWC order made under a provision of this Act provides, or has the effect, that the instrument applies to the person.

Instrument only applies in relation to transferring work

  (4)   A reference in this Act to a copied State instrument for a transferring employee applying to the employee is a reference to the instrument applying to the employee in relation to the transferring work of the employee.