Section 315 — Fair Work Act 2009 (Cth)

Employer organisation covered by named employer award

(1) If:

(a) a named employer award covers the new employer because of paragraph 313(1)(a); and

(b) the named employer award covered an employer organisation in relation to the old employer immediately before the termination of a transferring employee’s employment with the old employer;

then the named employer award covers the employer organisation in relation to the new employer.

Employee organisation covered by named employer award

(2) If:

(a) a named employer award covers the new employer and a transferring employee because of paragraph 313(1)(a); and

(b) the named employer award covered an employee organisation in relation to the transferring employee immediately before the termination of the transferring employee’s employment with the old employer;

then the named employer award covers the employee organisation in relation to:

(c) the transferring employee; and

(d) any non‑transferring employee of the new employer who:

(i) is covered by the named employer award because of a provision of this Part or an FWC order; and

(ii) performs the same work as the transferring employee.

Employee organisation covered by enterprise agreement

(3) To avoid doubt, if:

(a) an enterprise agreement covers a transferring employee or a non‑transferring employee because of a provision of this Part or an FWC order; and

(b) the enterprise agreement covered an employee organisation immediately before the termination of the transferring employee’s employment with the old employer;

then the enterprise agreement covers the employee organisation.

Related sections

• s 312 — Instruments that may transfer
• s 313 — Transferring employees and new employer covered by transferable instrument
• s 314 — New non‑transferring employees of new employer may be 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
• s 318 — Orders relating to instruments covering new employer and transferring employees

Research how courts apply s 315

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