Commonwealth Numbered Acts

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 314

             (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 FWA order under subsection 319(1).