WORKPLACE RELATIONS ACT 1996 - SECT 600 New employer assuming liability for particular entitlements

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 600

             (1)  This section applies if the new employer agrees, in writing, before the time of transmission:

                     (a)  to assume liability for; or

                     (b)  to recognise continuity of service in relation to;

a transferring employee's entitlements in relation to a particular matter.

             (2)  At the time of transmission:

                     (a)  the new employer becomes liable for the transferring employee's entitlements (if any):

                              (i)  that accrued under the Australian Fair Pay and Conditions Standard in relation to that matter before the time of transmission; and

                             (ii)  that are not entitlements in relation to parental leave; and

                            (iii)  for which the old employer was liable immediately before the time of transmission; and

                     (b)  the old employer ceases to be liable for those accrued entitlements.

             (3)  The following count as service with the new employer for the purpose of working out the transferring employee's entitlements under the Australian Fair Pay and Conditions Standard in relation to that matter:

                     (a)  the transferring employee's service with the old employer that counted for the purposes of working out the transferring employee's entitlements in relation to that matter;

                     (b)  any service with a previous employer that the old employer recognised as service with the old employer for the purposes of working out the transferring employee's entitlements in relation to that matter.