FAIR WORK REGULATIONS 2009 - REG 3.41 Records--transfer of business

FAIR WORK REGULATIONS 2009 - REG 3.41

  (1)   For section   796 of the Act, this regulation applies if a transfer of business occurs as described in section   311 of the Act.

Note:   Section   311 identifies the participants in the transfer of the business as:

(a)   the old employer; and

(b)   the new employer; and

(c)   a transferring employee.

  (2)   The old employer must transfer to the new employer each employee record concerning a transferring employee that the old employer was required to keep for subsection   535(1) of the Act at the time at which the connection between the old employer and the new employer mentioned in paragraph   311(1)(d) of the Act occurs.

Note:   Subregulation (2) is a civil remedy provision to which Part   4 - 1 of the Act applies. Division   4 of Part   4 - 1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

  (3)   If the old employer is a Commonwealth authority, the old employer only has to provide copies of those records.

  (4)   If the transferring employee becomes an employee of the new employer after the time at which the connection between the old employer and the new employer mentioned in paragraph   311(1)(d) of the Act occurs, the new employer must ask the old employer to give the new employer the employee records concerning the transferring employee.

Note:   Subregulation (4) is a civil remedy provision to which Part   4 - 1 of the Act applies. Division   4 of Part   4 - 1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

  (5)   If the old employer receives a request under subregulation   (4), the old employer must give the employee records to the new employer.

Note:   Subregulation (5) is a civil remedy provision to which Part   4 - 1 of the Act applies. Division   4 of Part   4 - 1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

  (6)   The new employer who receives transferred employee records must keep the records, as if they had been made by the new employer at the time at which they were made by the old employer.

Note:   Subregulation (6) is a civil remedy provision to which Part   4 - 1 of the Act applies. Division   4 of Part   4 - 1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

  (7)   The new employer is not required to make employee records relating to the transferring employee's employment with the old employer.