Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:11_13
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 11 cl 13
Character Range: 424990–427356

13  Transfer of entitlements under the AFPCS
(1) This item applies if:
 (a) there is a transfer of business from an employer (the old employer) to another employer (the new employer) as described in subsection 311(1) of the FW Act; and
 (b) the connection between the old employer and the new employer referred to in paragraph 311(1)(d) of the FW Act occurs during the bridging period.
(2) This item applies regardless of whether:
 (a) the termination of a transferring employee's employment with the old employer occurs before, on or after the WR Act repeal day; or
 (b) the employment of a transferring employee by the new employer occurs before, on or after the WR Act repeal day.
(3) Despite the repeal of Division 7 of Part 11 of the WR Act (which deals with an employee's entitlements under the Australian Fair Pay and Conditions Standard), that Division applies in relation to the transfer of business as if:
 (a) a reference in the following provisions to at the time of transmission were a reference to at the time the transferring employee becomes employed by the new employer:
 (i) subsection 599(1);
 (ii) subsection 600(2);
 (iii) subsection 601(2); and
 (b) a reference in the following provisions to before the time of transmission were a reference to before the termination of the transferring employee's employment with the old employer:
 (i) subparagraph 599(1)(a)(ii);
 (ii) paragraphs 599(3)(a) and (b) and (4)(b);
 (iii) subparagraphs 600(2)(a)(i) and (iii);
 (iv) subparagraphs 601(2)(a)(i) and (iii); and
 (c) a reference in subparagraph 599(4)(a)(ii) to at the time of transmission were a reference to at the time of termination of the transferring employee's employment with the old employer; and
 (d) a reference in subsection 599(4) to after the time of transmission were a reference to after the time of termination of the transferring employee's employment with the old employer; and
 (e) a reference in subsections 600(1) and 601(1) to before the time of transmission were a reference to before the time the transferring employee becomes employed by the new employer; and
 (f) the reference to section 605 in the note to subsection 599(4) were a reference to subitem 11(5) of Schedule 16 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

Division 4—Transfers of business: Division 2B State instruments