When does a copied State instrument apply to a person?
Transferring employee and organisations (1) A copied State instrument for a transferring employee applies to the transferring employee or an organisation if: (a) the instrument covers the employee or organisation; and (b) the instrument is in operation; and (c) no other provision of this Act provides, or has the effect, that the instrument does not apply to the employee or organisation; and (d) immediately before the employee’s termination time, the employee or organisation would have been: (i) required by the law of the State to comply with terms of the original State award or original State agreement for the instrument; or (ii) entitled under the law of the State to enforce terms of the original State award or original State agreement for the instrument. New employer and other employers (2) A copied State instrument for a transferring employee applies to an employer (whether the new employer or another employer) if: (a) the instrument covers the employer; and (b) the instrument is in operation; and (c) no other provision of this Act provides, or has the effect, that the instrument does not apply to the employer; and (d) immediately before the employee’s termination time, the old State employer would have been: (i) required by the law of the State to comply with terms of the original State award or original State agreement for the instrument; or (ii) entitled under the law of the State to enforce terms of the original State award or original State agreement for the instrument. Note: This subsection may operate in relation to an employer that is not the new employer in the situation where there has been a later transfer of business by the new employer (see Part 2‑8). Other circumstances when instrument applies (3) A copied State instrument for a transferring employee also applies to a person if an FWC order made under a provision of this Act provides, or has the effect, that the instrument applies to the person. Instrument only applies in relation to transferring work (4) A reference in this Act to a copied State instrument for a transferring employee applying to the employee is a reference to the instrument applying to the employee in relation to the transferring work of the employee.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.
Try BriefBridge free