Transfer of business

The main aim of the transfer of business laws under the Fair Work Act 2009 (FW Act) is to ensure that an employee’s entitlements are recognised when there has been change in employer. In this article, we examine the requirements that would trigger a transfer of business, and consider what happens to employee entitlements and transferable instruments such as an enterprise agreements. 

This article does not cover transfer of business from a non-national State public sector employer (old state employer) to a national system employer. Please seek advice from the Workplace Advice Line if information is required on a transfer of this nature.