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  • Most employers’ main obligations relating to the sale of a business that has employees will be governed by various legislation.
    Mar 01, 2017
  • The FW Act transfer of business provisions will only apply for national system employers and their employees.
    Mar 01, 2017
  • Your obligation to observe the FW Act transfer of business provisions will depend on certain conditions.
    Mar 01, 2017
  • The FW Act transfer of business provisions do not apply if there is an interval of more than 3 months between an employee leaving the seller’s employment and the start of that worker’s employment with the buyer of the business.
    Mar 01, 2017
  • For the FW Act transfer of business provisions to apply, there must be a change to the identity of the employer, which will usually occur in a trade sale and not occur in a share sale.
    Mar 01, 2017
  • The FW Act transfer of business provisions only apply if the transferring employee performs the same work (or substantially the same work) for the buyer as the work they previously performed for the seller.
    Mar 01, 2017
  • The FW Act will only apply if the buyer acquires assets that the seller had the use of and which relate to, or are used in connection with, the transferring work performed by the employee.
    Mar 01, 2017
  • Transfer of business under the FW Act will not occur:
    Mar 01, 2017
  • Under the transfer of business provisions in the FW Act, national system employers have a number of obligations.
    Mar 01, 2017
  • Except certain circumstances, any sale of business that involves a transfer of employment between two parties must acknowledge the transferring employee’s entitlements relating to accrued annual, personal and parental leave, notice of employment termination and redundancy.
    Mar 01, 2017
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