Industrial Relations Act 2016

This section applies to a person (a transferred employee) who—

becomes an employee of an employer (the new employer) because of the transfer of a calling to the new employer from another employer (the former employer); or

is dismissed by an employer (also the former employer) before the transfer of a calling if—

the person is employed by another employer (also the new employer) after the transfer of a calling; and

the employee—

was dismissed by the former employer within 1 month immediately before the transfer; and

is re-employed by the new employer within 3 months after the dismissal.

The transfer of the calling is taken not to break the transferred employee’s continuity of service.

A period of service with the former employer, including service before the commencement, is taken to be a period of service with the new employer.

In relation to the transfer, the transferred employee is not an employee to whom part 3, division 13, subdivision 2 applies, unless an applicable industrial instrument mentioned in section 125(1)(a) provides otherwise.

In this section—

dismissed includes stood down.