Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For subitem 7(1) of Schedule 2 and subitem 19(1) of Schedule 16 to the Act, this regulation applies if:
(a) before the WR Act repeal day a person (the new employer ) becomes a successor, transmittee or assignee of the whole, or a part, of a business of another person (the old employer ) ; and
(b) on and after the WR Act repeal day the new employer employs any of the following persons (a transferring employee ):
(i) a transferring employee within the meaning of sections 581 and 582 of the WR Act;
(ii) a transferring transitional employee within the meaning of clauses 72E and 72F of Schedule 6 to the WR Act;
(iii) a transferring employee within the meaning of clauses 5 and 6 of Schedule 9 to the WR Act.
(2) Subject to subregulation (3), the old employer must transfer to the new employer all records concerning the transferring employee that, at the time of succession, transmission or assignment, the old employer is required to keep under Divisions 2, 3 and 4 of Part 19 of Chapter 2 of the WR Regulations.
(3) If the old employer is a Commonwealth authority, the old employer has only to provide copies of those records to the new employer.
(4) If the transferring employee becomes an employee of the new employer after the time of succession, transmission or assignment, the new employer must ask the old employer to provide the new employer with the transferring employee's records.
(5) If the old employer receives a request under subregulation (4), the old employer must transfer those records to the new employer.
(6) If the new employer receives transferred records, the new employer must keep the transferred records as if they had been made by the new employer at the time they were made by the old employer.
(7) The new employer is not required to make records relating to the transferring employee's employment with the old employer.
Note: Subregulations (2), (4), (5) and (6) are transitional civil remedy provisions.