Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 768BH

Consolidation order to deal with application and coverage

  (1)   A consolidation order under subsection   768BG(1) must specify when the copied State instrument for employee A applies to, and covers:

  (a)   a non - transferring employee; and

  (b)   the new employer in relation to the non - transferring employee; and

  (c)   an employee organisation in relation to the non - transferring employee;

in relation to the transferring work.

  (2)   If an enterprise agreement covers the non - transferring employee and the new employer, the order must also specify that the agreement does not cover:

  (a)   the non - transferring employee; or

  (b)   the new employer in relation to the non - transferring employee; or

  (c)   an employee organisation in relation to the non - transferring employee;

in relation to that work.


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