Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 314

  (1)   If:

  (a)   a transferable instrument covers the new employer because of paragraph   313(1)(a); and

  (b)   after the transferable instrument starts to cover the new employer, the new employer employs a non - transferring employee; and

  (c)   the non - transferring employee performs the transferring work; and

  (d)   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.

  (2)   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.

  (3)   This section has effect subject to any FWC order under subsection   319(1).