The recent decision of Justice Katzmann in Community and Public Sector Union, NSW Branch v Northcott Supported Living Limited for the first time directly addresses the requirement that for an industrial instrument to ‘transfer’ for purposes of the transfer of business provisions in Part 2-8 of the Fair Work Act 2009 (Cth), the work performed by a transferring employee for a new employer must be ‘the same, or substantially the same’ as the work the employee performed for the old employer.
You can access a copy of Illuminating the operation of the transfer of business provisions in the Fair Work Act here, or click the ‘DOWNLOAD PDF’ button.
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