If both employers are employers in the public system, there may be provisions in the State legislation on the transfer of enterprises or the transfer of employment that maintain previous services or transfer industrial instruments. In accordance with sections 317 and 318 of the Fair Work Act, in the event of a likely transfer or transfer, the FWC may order: A transferred employee who takes unpaid parental leave in accordance with national employment standards at the time of his or her change of employment will continue as if there had been no change of employment. He retains the right to extend parental leave, etc. – as if there had been no change of job. In a case before the Fair Work Commission (FWC), an employee worked for the former employer in a café. The company was purchased by the new employer. The employee worked three shifts for the new employer and did the same work before being fired. In the event of a transfer of business, the new employer is required to recognise an employee`s seniority with the former employer when calculating certain entitlements to national employment standards (e..B g. leave for individuals/carers, parental leave and the right to request flexible working arrangements). See Prime Contractors Fact Sheet 7 for more information on national employment standards. In the case of a business transfer, the FW Act provides for a certain degree of flexibility. Currently, the Fair Work Board may, in appropriate circumstances, order that an instrument not apply at all to Company B or modify an instrument so that it does not cause problems. When deciding on an application, the Commission must take into account a wide range of factors, including the views of the workers concerned, whether the order would disadvantage workers in terms of working conditions and employment and whether the instrument would have a negative impact on the productivity of the new employer.

On the other hand, the process of submitting an application for such an order involves certain costs and disadvantages for employers. An order is often rejected if the employees of company B are subject to conditions lower than those of company A. Some exceptions exist when it comes to continuous service. In situations where the new employer is not an associated entity of the former employer, the new employer may choose not to recognize the benefit previously accrued by a transferred employee for the purposes of severance pay, annual leave under National Employment Standards (NES) or unfair dismissal. Transferring a business can be a stressful experience for employees. When an employee moves to an employer that is an entity related to the previous employer, the employee`s period of service with the previous employer is considered continuous for the purposes of service rights to national employment standards and the minimum period of employment for unfair dismissals. If a company buys or acquires a company or part of the business and is an affiliate or chooses to employ employees of the former company, the Fair Work Act 2009 (the Act) provides for certain employee rights and industrial instruments that can be transferred with employment. According to the FW Law, a “transfer of business” takes place between company A (the former employer) and company B (the new employer) if three conditions are met: The Fair Work Act provides for the protection of the rights of employees acquired during a business transfer. If the new employer is a related entity or recognizes a service, the transition from the employee to the new employer is recognized with all ongoing rights and services. There is no termination of the employment relationship.

Since 1914, Australia`s federal labour legislation has contained provisions that apply in the event of a business transfer. These provisions ensured that workers did not automatically lose the protection of industrial tools if the company for which they work changed ownership but continued to do the same work. These workplace tools cover the transferring employee even if they are working under the direction of the new employer until they are fired or until a new work tool starts that can cover the transferring employees. In the event of a business transfer, specific industrial instruments covering the employees of the former employer can do so even if the employees switch to the new employer. The former employer renounced the lease and the owners leased it to the new employer. The new employer hired the employee to perform the same duties, but later fired her. .