Fair Work Amendment (Transfer of Business) Act 2012 (Cth)

Fair Work Amendment (Transfer of Business) Act 2012

No. 175, 2012

An Act to amend the law relating to workplace relations, and for related purposes

Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Transfer of business from a State public sector employer Part 1—Main amendments Fair Work Act 2009 Part 2—Other amendments Fair Work Act 2009 Fair Work (Registered Organisations) Act 2009 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Fair Work Amendment (Transfer of Business) Act 2012 No. 175, 2012

An Act to amend the law relating to workplace relations, and for related purposes

[Assented to 4 December 2012]

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Fair Work Amendment (Transfer of Business) Act 2012.

2 Commencement This Act commences on the day after this Act receives the Royal Assent.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Transfer of business from a State public sector employer

Part 1—Main amendments

Fair Work Act 2009

1 After Part 6‑3 Insert:

Part 6‑3A—Transfer of business from a State public sector employer

Division 1—Introduction

768AA Guide to this Part

This Part provides for the transfer of certain terms and conditions of employment when there is a transfer of business from a non‑national system employer that is a State public sector employer (called "the old State employer") to a national system employer (called "the new employer"). A transfer of business involves the transfer of employment of one or more employees of the old State employer to the new employer. Each of those employees is a "transferring employee". If there is a transfer of business, then this Part provides for certain terms and conditions of employment with the old State employer to be transferred to the employment of the transferring employee with the new employer. This Part achieves the transfer of those terms and conditions by creating a new instrument—a "copied State instrument"—for each transferring employee. The new instrument is a federal instrument and is enforceable under this Act.