Section 768BH — Fair Work Act 2009 (Cth)

(1) A consolidation order under subsection 768BG(1) must specify when the copied State instrument for employee A applies to, and covers:

(a) a non‑transferring employee; and

(b) the new employer in relation to the non‑transferring employee; and

(c) an employee organisation in relation to the non‑transferring employee;

in relation to the transferring work.

(2) If an enterprise agreement covers the non‑transferring employee and the new employer, the order must also specify that the agreement does not cover:

(a) the non‑transferring employee; or

(b) the new employer in relation to the non‑transferring employee; or

(c) an employee organisation in relation to the non‑transferring employee;

in relation to that work.

Related sections

• s 768BE — Consolidation order to deal with application and coverage
• s 768BF — Effect of this Act after a consolidation order is made
• s 768BG — Consolidation orders in relation to non‑transferring employees
• s 768BI — Effect of this Act after a consolidation order is made
• s 768BJ — What this Division is about
• s 768BK — Where no term dealing with disputes

Research how courts apply s 768BH

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