Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The FWC may make an order (a consolidation order ) that a copied State instrument for a transferring employee ( employee A ) also is, or will be, a copied State instrument for one or more non - transferring employees who perform, or are likely to perform, the transferring work.
Non - transferring employees
(2) A non - transferring employee of a new employer is a national system employee of the new employer who is not a transferring employee.
Who may apply for order
(3) The FWC may make a consolidation order under subsection (1):
(a) on its own initiative; or
(b) on application by any of the following:
(i) a non - transferring employee who performs, or is likely to perform, the transferring work;
(ii) the new employer or a person who is likely to be the new employer;
(iii) an employee organisation that is entitled to represent the industrial interests of an employee referred to in subparagraph (i);
(iv) if the application relates to an enterprise agreement--an employee organisation that is, or is likely to be, covered by the agreement.
Matters that the FWC must take into account
(4) In deciding whether to make a consolidation order under subsection (1), the FWC must take into account the following:
(a) the views of:
(i) the employees who would be affected by the order; and
(ii) the new employer or a person who is likely to be the new employer;
(b) whether any employees would be disadvantaged by the order in relation to their terms and conditions of employment;
(c) if the order relates to a copied State employment agreement or an enterprise agreement--the nominal expiry date of the agreement;
(d) whether the copied State instrument for employee A would have a negative impact on the productivity of the new employer's workplace;
(e) whether the new employer would incur significant economic disadvantage if the order were not made;
(f) the degree of business synergy between the copied State instrument for employee A and any workplace instrument that already covers the new employer;
(g) the public interest.
Restriction on when order may come into operation
(5) A consolidation order under subsection (1) must not come into operation in relation to a particular non - transferring employee before the later of the following:
(a) the time when the non - transferring employee starts to perform the transferring work for the new employer;
(b) the day on which the order is made.