New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 101

101 Definitions

(1) In this Part:
"transfer of business" means the transfer, transmission, conveyance, assignment or succession, whether by agreement or by operation of law, of the whole or any part of a business, undertaking or establishment.
"transferred employee" means a person who becomes an employee of an employer ( "the new employer") as a result of the transfer of business to that employer from another employer ( "the former employer").

(2) A person is to be regarded as a transferred employee even if the person’s employment with the former employer is terminated before the transfer of business, so long as:

(a) the person is employed by the new employer after the transfer of business, and

(b) the circumstances of that termination and employment indicate an intention to avoid the operation of this Part.

In that case, the termination of employment of such a transferred employee is to be disregarded for the purposes of this Part.