Transfer of employment

All Topics

• When might you transfer employees to a new employer?

  You may wish to transfer employees from one entity to another for operational reasons, particularly in certain circumstances.
  Jul 01, 2016

• Transferring employees to an associated entity

  If you own or operate a number of associated businesses, you may decide it would be more efficient for the employees in each separate company to be employed by the same entity.
  Jul 01, 2016

• Your legal obligations when transferring employees within a corporate group

  If you wish to transfer your employees from one employer to another within your corporate group, you must do the following.
  Jul 01, 2016

• Consulting your employees

  All modern awards and most enterprise agreements impose obligations on you to consult with employees and their representatives (e.g. union) before you implement any major business change that will significantly affect them.
  Jul 01, 2016

• Obtaining consent to the change

  You cannot transfer employees to a new employer unless they give real consent to the transfer.
  Jul 01, 2016

• Transferring employment to avoid liability

  You can be penalised under the Corporations Act if you are found to have participated in an arrangement to avoid liability.
  Jul 01, 2016

• Determining the true employer in a dispute

  If there is a transfer of employment between members of a corporate group and a dispute arises over the identity of the true employer, the court will resolve the dispute by taking into account the ‘practical reality’ of the employment...
  Jul 01, 2016

• Checklist: How to determine the true employer

  To determine whether a particular entity is the true employer ‘in practice’ for a group of employees, you need to answer the following questions.
  Jul 01, 2016

• Your obligations in a transfer of employment within a corporate group

  Under the FW Act, a new employing entity must recognise the following employee entitlements whenever a genuine transfer of employment occurs within the same corporate group.
  Jul 01, 2016

• How to determine whether there has been a transfer of employment within your corporate group

  To determine whether a genuine transfer of employment under the FW Act has taken place between employing entities, you will need to determine the following.
  Jul 01, 2016

loading more topics

load more