Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this section –
"business" includes –(a) undertaking and establishment; and
(b) part of a business;
"former employer" means an employer –(a) who transfers a business to another employer; and
(b) who, while still an employer in respect of that business, was bound by an award or registered agreement;
"new employer" means a person –(a) to whom a business is transferred from a former employer; and
(b) who, as a result of that transfer, employs for the purposes of the transferred business an employee who, before that transfer, was employed by the former employer in respect of that business;
"transfer", in relation to a business, means the transfer, transmission, conveyance, assignment or succession, whether by agreement or by operation of law, of the whole or any part of the business;
"transferred employee" means a person who was an employee of a former employer and who becomes an employee of a new employer due to the transfer of a business to the new employer from the former employer.
(2) If a business is transferred to a new employer from a former employer and an award or registered agreement was binding on the former employer in respect of that business immediately before the transfer –
(a) the new employer is bound by that award or registered agreement to the extent that it relates to the business transferred; and
(b) the former employer stops being bound by that award or registered agreement to the extent that it relates to the business transferred; and
(c) where relevant, a reference in this Act to an employer includes a reference to the new employer and ceases to refer to the former employer.
(3) Subsection (2)(a) does not apply –
(a) if a Full Bench of the Commission orders otherwise under subsection (5); and
(b) to the extent specified in that order.
(4) A new employer, or a person who is negotiating the transfer of a business and would become a new employer on the transfer of that business, may apply to the Commission for an order under subsection (5).
(5) On receipt by the Commission of an application under subsection (4), a Full Bench of the Commission may order that the applicant is not, or is not to be, bound by the whole or any part of an award or registered agreement that relates to the whole or part of the business transferred or to be transferred.
(6) For the purposes of making an order under subsection (5), this Act applies, with necessary modifications and adaptations, as if the application were an application under section 29 in respect of an industrial dispute.