Document ID: chunk:federal_register_of_legislation:C2025C00150:section:314
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 314
Character Range: 880866–881811

314  New non‑transferring employees of new employer may be covered by transferable instrument
 (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).