Fair Work Act 2009

The FWC may make an order (a consolidation order) that a copied State instrument for a transferring employee (employee A) is also a copied State instrument for one or more other transferring employees.

The FWC may make a consolidation order under subsection (1):

on its own initiative; or

on application by any of the following:

a transferring employee, or an employee who is likely to be a transferring employee;

the new employer or a person who is likely to be the new employer;

an employee organisation that is entitled to represent the industrial interests of an employee referred to in subparagraph (i).

In deciding whether to make a consolidation order under subsection (1), the FWC must take into account the following:

the views of:

the employees who would be affected by the order; and

the new employer or a person who is likely to be the new employer;

whether any employees would be disadvantaged by the order in relation to their terms and conditions of employment;

if the order relates to a copied State employment agreement—the nominal expiry date of the agreement;

whether the copied State instrument for employee A would have a negative impact on the productivity of the new employer’s workplace;

whether the new employer would incur significant economic disadvantage if the order were not made;

the degree of business synergy between the copied State instrument for employee A and any workplace instrument that already covers the new employer;

the public interest.

A consolidation order under subsection (1) must not come into operation in relation to a particular transferring employee (other than employee A) before the later of the following:

the transferring employee’s re‑employment time;

the day on which the order is made.