Fair Work Act 2009

This Division allows the FWC to consolidate the various workplace instruments that may apply in the new employer’s workplace. It achieves this by allowing the FWC to make an order that a copied State instrument for a particular transferring employee is also a copied State instrument for one or more other transferring employees or non‑transferring employees.

Subdivision B deals with consolidating copied State instruments for transferring employees. Under that Subdivision, the FWC may make an order that the copied State instrument for a transferring employee (“employee A”) is also the copied State instrument for one or more other transferring employees. If the FWC makes a consolidation order for those other transferring employees, then this Act is modified so that the copied State instrument for employee A is also the copied State instrument for those other transferring employees (see section 768BF).

Subdivision C deals with non‑transferring employees. Under that Subdivision, the FWC may make an order that the copied State instrument for employee A (who is a transferring employee) is also the copied State instrument for one or more non‑transferring employees. If the FWC makes a consolidation order for those non‑transferring employees, then this Act is modified so that the copied State instrument for employee A is also the copied State instrument for those non‑transferring employees (see section 768BI).