Document ID: chunk:federal_register_of_legislation:C2025C00150:section:315
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 315
Character Range: 881811–883481

315  Organisations covered by transferable instrument

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.