Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 91

Transfer of employment situation in which employer may decide not to recognise employee's service with first employer

  (1)   Subsection   22(5) does not apply (for the purpose of this Division) to a transfer of employment between non - associated entities in relation to an employee, if the second employer decides not to recognise the employee's service with the first employer (for the purpose of this Division).

Employee is not entitled to payment for untaken annual leave if service with first employer counts as service with second employer

  (2)   If subsection   22(5) applies (for the purpose of this Division) to a transfer of employment in relation to an employee, the employee is not entitled to be paid an amount under subsection   90(2) for a period of untaken paid annual leave.

Note:   Subsection   22(5) provides that, generally, if there is a transfer of employment, service with the first employer counts as service with the second employer.