Section 314 — Fair Work Act 2009 (Cth)

(1) If:

(a) a transferable instrument covers the new employer because of paragraph 313(1)(a); and

(b) after the transferable instrument starts to cover the new employer, the new employer employs a non‑transferring employee; and

(c) the non‑transferring employee performs the transferring work; and

(d) at the time the non‑transferring employee is employed, no other enterprise agreement or modern award covers the new employer and the non‑transferring employee in relation to that work;

then the transferable instrument covers the new employer and the non‑transferring employee in relation to that work.

(2) A non‑transferring employee of a new employer, in relation to a transfer of business, is an employee of the new employer who is not a transferring employee.

(3) This section has effect subject to any FWC order under subsection 319(1).

Related sections

• s 311 — When does a transfer of business occur
• s 312 — Instruments that may transfer
• s 313 — Transferring employees and new employer covered by transferable instrument
• s 315 — Organisations covered by transferable instrument
• s 316 — Transferring employees who are high income employees
• s 317 — FWC may make orders in relation to a transfer of business

Research how courts apply s 314

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.