Transmission of business Human Resource issues legislated by Labor
Saturday, January 17th, 2009- an employee changes employer,
- the work the employee does for each employer is the same or substantially similar,
- there is a particular connection between the old and new employers, ie either a transfer of assets used in connection with the work or an outsourcing or an insourcing or where the two employers are ‘associated employers’.
Where the new employer takes on employees, the application of the transferred industrial instruments is generally limited to those employees, plus any new employees the employer employs where the workplace is industrially instrument-free.
This is a complex area and will require many small businesses to change their remuneration practices and serves as a reminder that if you sell or engage in an merger and acquisition of a business to ensure that you account for employee entitlements in the sale/buy price.