Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_72e
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 72E
Character Range: 977688–979193

72E  Transferring transitional employees

 (1) A person is a transferring transitional employee for the purposes of this Part if:
 (a) the person is employed by the old transitional employer immediately before the time of transmission; and
 (b) the person:
 (i) ceases to be employed by the old transitional employer; and
 (ii) becomes employed by the new transitional employer in the business being transferred;
  within 2 months after the time of transmission.

 (2) A person is also a transferring transitional employee for the purposes of this Part if:
 (a) the person is employed by the old transitional employer at any time within the period of 1 month before the time of transmission; and
 (b) the person's employment with the old transitional employer is terminated by the old transitional employer before the time of transmission for genuine operational reasons or for reasons that include genuine operational reasons; and
 (c) the person becomes employed by the new transitional employer in the business being transferred within 2 months after the time of transmission.

 (3) In applying clause 72F and Division 3 in relation to a person who is a transferring transitional employee under subclause (2) of this clause, a reference in those provisions to a particular state of affairs existing immediately before the time of transmission is to be read as a reference to that state of affairs existing immediately before the person last ceased to be an employee of the old transitional employer.