Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 312

Instruments that may transfer

Meaning of transferable instrument

             (1)  Each of the following is a transferable instrument :

                     (a)  an enterprise agreement that has been approved by the FWC;

                     (b)  a workplace determination;

                     (c)  a named employer award.

Meaning of named employer award

             (2)  Each of the following is a named employer award :

                     (a)  a modern award (including a modern enterprise award) that is expressed to cover one or more named employers;

                     (b)  a modern enterprise award that is expressed to cover one or more specified classes of employers (other than a modern enterprise award that is expressed to relate to one or more enterprises as described in paragraph 168A(2)(b)).

Note:          Paragraph 168A(2)(b) deals with employers that carry on similar business activities under the same franchise.



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