Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 314

New non-transferring employees of new employer may be covered by transferable instrument

             (1)  If:

                     (a)  a transferable instrument covers the new employer because of paragraph 313(1)(a); and

                     (b)  after the transferable instrument starts to cover the new employer, the new employer employs a non-transferring employee; and

                     (c)  the non-transferring employee performs the transferring work; and

                     (d)  at the time the non-transferring employee is employed, no other enterprise agreement or modern award covers the new employer and the non-transferring employee in relation to that work;

then the transferable instrument covers the new employer and the non-transferring employee in relation to that work.

             (2)  A non-transferring employee of a new employer, in relation to a transfer of business, is an employee of the new employer who is not a transferring employee.

             (3)  This section has effect subject to any FWC order under subsection 319(1).



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