ARTICLE
8 February 2021

Illuminating the operation of the transfer of business provisions in the Fair Work Act

CC
Corrs Chambers Westgarth

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Work by a transferring employee for a new employer must be 'the same, or substantially the same' as for the old employer.
Australia Employment and HR

The recent decision of Justice Katzmann in Community and Public Sector Union, NSW Branch v Northcott Supported Living Limited for the first time directly addresses the requirement that for an industrial instrument to 'transfer' for purposes of the transfer of business provisions in Part 2-8 of the Fair Work Act 2009 (Cth), the work performed by a transferring employee for a new employer must be 'the same, or substantially the same' as the work the employee performed for the old employer.

You can access a copy of Illuminating the operation of the transfer of business provisions in the Fair Work Act here, or click the 'DOWNLOAD PDF' below.

1034266a.jpg Download PDF file

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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