Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_128b
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 128B
Character Range: 570947–572402

128B  New employer assuming entitlements generally

 (1) This section also applies if the new employer agrees in writing before the time of transmission:
 (a) to assume liability for a transferring employee's entitlements generally; or
 (b) to recognise continuity of service in relation to a transferring employee generally.

 (2) At the time of transmission:
 (a) the new employer becomes liable for the transferring employee's entitlements (if any):
 (i) that accrued under the Australian Fair Pay and Conditions Standard before the time of transmission; and
 (ii) that are not entitlements in relation to parental leave; and
 (iii) for which the old employer was liable immediately before the time of transmission; and
 (b) the old employer ceases to be liable for those accrued entitlements.

 (3) The following count as service with the new employer for the purpose of working out the transferring employee's entitlements under the Australian Fair Pay and Conditions Standard in relation to a particular matter:
 (a) the transferring employee's service with the old employer that counted for the purposes of working out the transferring employee's entitlements in relation to that matter;
 (b) any service with a previous employer that the old employer recognised as service with the old employer for the purposes of working out the transferring employee's entitlements in relation to that matter.

Division 8—Notice requirements and enforcement