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FAIR WORK ACT 2009 - SECT 315

Organisations covered by transferable instrument

Employer organisation covered by named employer award

             (1)  If:

                     (a)  a named employer award covers the new employer because of paragraph 313(1)(a); and

                     (b)  the named employer award covered an employer organisation in relation to the old employer immediately before the termination of a transferring employee's employment with the old employer;

then the named employer award covers the employer organisation in relation to the new employer.

Employee organisation covered by named employer award

             (2)  If:

                     (a)  a named employer award covers the new employer and a transferring employee because of paragraph 313(1)(a); and

                     (b)  the named employer award covered an employee organisation in relation to the transferring employee immediately before the termination of the transferring employee's employment with the old employer;

then the named employer award covers the employee organisation in relation to:

                     (c)  the transferring employee; and

                     (d)  any non-transferring employee of the new employer who:

                              (i)  is covered by the named employer award because of a provision of this Part or an FWC order; and

                             (ii)  performs the same work as the transferring employee.

Employee organisation covered by enterprise agreement

             (3)  To avoid doubt, if:

                     (a)  an enterprise agreement covers a transferring employee or a non-transferring employee because of a provision of this Part or an FWC order; and

                     (b)  the enterprise agreement covered an employee organisation immediately before the termination of the transferring employee's employment with the old employer;

then the enterprise agreement covers the employee organisation.



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