Industrial Relations Act 1996

This section applies only to an entitlement (the avoided entitlement) that a former employer has failed to provide to a transferred employee in contravention of an industrial instrument or the industrial relations legislation.

If the avoided entitlement relates to the payment of remuneration, this Part does not operate—

to create an entitlement to payment by the new employer, or

to relieve the former employer from liability for the payment.

If the avoided entitlement relates to anything else and the new employer is required because of this Part to provide the entitlement, the new employer is entitled to be indemnified by the former employer for the reasonable cost of providing it.