10Meaning of “predecessor”

10 Meaning of “predecessor”

10 Meaning of “predecessor”

(1) For the purposes of this Order, a person is the predecessor of an employer if:

(a) Acquisition or otherwise gaining possession of predecessor’s business

the employer has acquired or otherwise come into the possession of the business of the person, or

(b) Transfer of all or majority of predecessor’s workforce

the employer has, during any policy period, employed workers who at any time constituted all or a majority of the workers employed, during any policy period, by the person and those workers have carried out activities or performed services for the employer that were the same or similar to activities carried out or services performed by those workers for the person.

Note—

The claims and wages history of an employer’s predecessor are used in the calculation of the employer’s workers compensation insurance premium—see Schedule 4, clause 4 and Schedule 5, clause 1 (3) of this Order.

(2) Subclause (1) (a) applies whether the business acquired is the whole or main part of the business of the person or is the whole or main part of a separate and distinct business of the person, and whether or not the business acquired is carried on at the same location.

(3) Subclause (1) (b) applies whether or not the activities carried out or services performed for the employer were carried out or performed at the same location as those carried out or performed for the person.

(4) In this clause, business has the same meaning as in Division 2B of Part 7 of the Act.