4ETransfer of records to successor employers

4E Transfer of records to successor employers

4E Transfer of records to successor employers

(1) This clause applies to the transfer from an employer (the former employer) to the successor of the employer (the new employer) of records kept by the former employer relating to transferred workers.

(2) The former employer must transfer to the new employer all records relating to the transferred employee that, at the date of transfer, the former employer is required to keep under the Act, section 8.

(3) The new employer must keep the transferred records as if the records had been made by the new employer at the time the records were made by the former employer.

(4) The former employer is required to keep a copy of the transferred records for a period of at least 6 years after the records were made.

(5) The new employer is not required to make records of anything occurring in the course of the transferred employee’s employment with the former employer.

(6) In this clause—

transfer of business means the transfer, transmission, conveyance, assignment or succession, whether by agreement or by operation of law, of the whole or any part of a business, undertaking or establishment.

transferred worker means a person who becomes a worker employed by a new employer as a result of the transfer of business to the new employer from a former employer.

cl 4E: Ins 2022 (214), Sch 1[3].