Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_123a
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 123A
Character Range: 544704–546064

123A  Transferring employees

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

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

 (3) In applying section 123B and Divisions 3 to 7 in relation to a person who is a transferring employee under subsection (2) of this section, 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 employer.