Fair Work Act 2009

There is a transfer of business from an employer (the old employer) to another employer (the new employer) if the following requirements are satisfied:

the employment of an employee of the old employer has terminated;

within 3 months after the termination, the employee becomes employed by the new employer;

the work (the transferring work) the employee performs for the new employer is the same, or substantially the same, as the work the employee performed for the old employer;

there is a connection between the old employer and the new employer as described in any of subsections (3) to (6).

An employee in relation to whom the requirements in paragraphs (1)(a), (b) and (c) are satisfied is a transferring employee in relation to the transfer of business.

There is a connection between the old employer and the new employer if, in accordance with an arrangement between:

the old employer or an associated entity of the old employer; and

the new employer or an associated entity of the new employer;

that the old employer, or the associated entity of the old employer, owned or had the beneficial use of; and

that relate to, or are used in connection with, the transferring work.

There is a connection between the old employer and the new employer if the transferring work is performed by one or more transferring employees, as employees of the new employer, because the old employer, or an associated entity of the old employer, has outsourced the transferring work to the new employer or an associated entity of the new employer.

There is a connection between the old employer and the new employer if:

the transferring work had been performed by one or more transferring employees, as employees of the old employer, because the new employer, or an associated entity of the new employer, had outsourced the transferring work to the old employer or an associated entity of the old employer; and

the transferring work is performed by those transferring employees, as employees of the new employer, because the new employer, or the associated entity of the new employer, has ceased to outsource the work to the old employer or the associated entity of the old employer.

There is a connection between the old employer and the new employer if the new employer is an associated entity of the old employer when the transferring employee becomes employed by the new employer.