Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 768AD

When there is a transfer of business

  (1)   There is a transfer of business from a non - national system employer that is a State public sector employer of a State (the old State employer ) to a national system employer (the new employer ) if the following requirements are satisfied:

  (a)   the employment of a person who is a State public sector employee of the old State employer has terminated;

  (b)   within 3 months after the termination, the person becomes employed by the new employer;

  (c)   the work (the transferring work ) the person performs for the new employer is the same, or substantially the same, as the work the person performed for the old State employer;

  (d)   there is a connection between the old State employer and the new employer as described in subsection   (2), (3) or (4).

Transfer of assets from old State employer to new employer

  (2)   There is a connection between the old State employer and the new employer if, in accordance with an arrangement between:

  (a)   the old State employer or an associated entity of the old State employer; and

  (b)   the new employer or an associated entity of the new employer;

the new employer, or the associated entity of the new employer, owns or has the beneficial use of some or all of the assets (whether tangible or intangible):

  (c)   that the old State employer, or the associated entity of the old State employer, owned or had the beneficial use of; and

  (d)   that relate to, or are used in connection with, the transferring work.

Old State employer outsources work to new employer

  (3)   There is a connection between the old State employer and the new employer if the transferring work is performed by one or more transferring employees, as employees of the new employer, because the old State employer, or an associated entity of the old State employer , has outsourced the transferring work to the new employer or an associated entity of the new employer.

New employer is an associated entity of old employer

  (4)   There is a connection between the old State employer and the new employer if the new employer is an associated entity of the old State employer when the transferring employee becomes employed by the new employer.