Long Service Leave (Portable Schemes) Act 2009

This part applies if—

a company (the defunct company)—

is an employer in a covered industry; and

fails to pay the authority a levy payable by the company under section 50 for a quarter; and

disposes of property (a creditor-defeating disposition) in a way that has the effect of—

preventing the property becoming available for the benefit of the company’s creditors in the winding-up of the company; or

hindering, or significantly delaying, the process of making the property available for the benefit of the company’s creditors in the winding-up of the company; and

ceases to trade; and

another company (the phoenix company) is incorporated that—

is an employer in the covered industry; and

conducts substantially the same business as the business conducted by the defunct company; and

at least 1 of the directors of the phoenix company was a director of the defunct company at the time the creditor‑defeating disposition happened.