FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 314 New non-transferring employees of new employer may be covered by transferable instrument
FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 314
New non-transferring employees of new employer may be covered by transferable instrument(1) If:
(a) a transferable instrument covers the new employer because of paragraph 313(1)(a); and
(b) after the transferable instrument starts to cover the new employer, the new employer employs a non‑transferring employee; and
(c) the non‑transferring employee performs the transferring work; and
(d) at the time the non‑transferring employee is employed, no other enterprise agreement or modern award covers the new employer and the non‑transferring employee in relation to that work;
then the transferable instrument covers the new employer and the non‑transferring employee in relation to that work.
(2) A non‑transferring employee of a new employer, in relation to a transfer of business, is an employee of the new employer who is not a transferring employee.
(3) This section has effect subject to any FWA order under subsection 319(1).