South Australian Numbered Acts

INDUSTRIAL LAW REFORM (FAIR WORK) ACT 2005 (NO 3 OF 2005) - SECT 43

43—Amendment of section 91—Who is bound by award

Section 91—after its present contents (now to be designated as subsection (1)) insert:

        (2)         If—

            (a)         an award is expressed to apply to a particular employer, or to an employer engaged in a particular business or undertaking (the "outgoing employer ); and

            (b)         another employer (the "incoming employer") becomes the successor, transmittee or assignee of the whole or part of the business or undertaking of the outgoing employer,

the incoming employer succeeds to rights and obligations of the outgoing employer under the award.

        (3)         Subsection (2) operates subject to any provision made by the Commission (on application under this Act) to vary or rescind the relevant award.