47AEnforcement of awards and registered agreements after transfer of business

47A Enforcement of awards and registered agreements after transfer of business

[Section 47A Inserted by No. 119 of 2001, s. 4, Applied:17 Dec 2001]

(1)  In this section –

business includes –

(a) undertaking and establishment; and

(b) part of a business;

former employer means an employer –

(a) who transfers a business to another employer; and

(b) who, while still an employer in respect of that business, was bound by an award or registered agreement;

new employer means a person –

(a) to whom a business is transferred from a former employer; and

(b) who, as a result of that transfer, employs for the purposes of the transferred business an employee who, before that transfer, was employed by the former employer in respect of that business;

transfer, in relation to a business, means the transfer, transmission, conveyance, assignment or succession, whether by agreement or by operation of law, of the whole or any part of the business;

transferred employee means a person who was an employee of a former employer and who becomes an employee of a new employer due to the transfer of a business to the new employer from the former employer.

(2)  If a business is transferred to a new employer from a former employer and an award or registered agreement was binding on the former employer in respect of that business immediately before the transfer –

(a) the new employer is bound by that award or registered agreement to the extent that it relates to the business transferred; and

(b) the former employer stops being bound by that award or registered agreement to the extent that it relates to the business transferred; and