Transfer of employment

All Topics

• Transferring employees to an associated entity

  You may need to transfer employees to an associated entity.
  Jun 20, 2022

• FW Act obligations when transferring employees within a corporate group

  You have obligations under the Fair Work Act 2009 (Cth) (FW Act) if transferring employees within a corporate group.
  Jun 20, 2022

• Determining the true employer in a dispute

  If there is a transfer of employment between members of a corporate group, a dispute may arise over the identity of the true employer.
  Jun 20, 2022

• Transferring employees to or from a third-party provider

  You may transfer employees to or from a third party.
  Jun 20, 2022

• Transferring employment in an outsourcing arrangement

  Outsourcing a function of your business to a third-party contractor may qualify as a transfer of employment under the Fair Work Act 2009 (Cth) (FW Act).
  Jun 20, 2022

• Transferring employment in an insourcing arrangement

  Insourcing a previously outsourced part of your business may qualify as a transfer of employment under the Fair Work Act 2009 (Cth) (FW Act).
  Jun 20, 2022

• When can you apply to switch off or vary a transferring enterprise agreement?

  A new employer may apply to the Fair Work Commission (FWC) for an order to switch off or vary a transferring enterprise agreement.
  Jun 21, 2022

• Transfer of employment triggering redundancy

  A transfer of employment may trigger redundancy entitlements and obligations.
  Jun 21, 2022

• What if an employee refuses to transfer?

  If an employee refuses to transfer, they may be retrenched.
  Jun 21, 2022

• Recognising long service leave in a transfer of employment

  A new employer will need to recognise the long service leave accrued with the old employer.
  Jun 21, 2022

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