New non‑transferring employees of new employer may be covered by transferable instrument
314 New non‑transferring employees of new employer may be covered by transferable instrument
If:
a transferable instrument covers the new employer because of paragraph 313(1)(a); and
after the transferable instrument starts to cover the new employer, the new employer employs a non‑transferring employee; and
the non‑transferring employee performs the transferring work; and
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.
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.
This section has effect subject to any FWC order under subsection 319(1).
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