Abstract

http://ssrn.com/abstract=1649903
 


 



Transfer of Business Under the Fair Work Act


Joellen Riley


University of Sydney - Faculty of Law

July 28, 2010

Commercial Law Quarterly, Vol. 23, No. 2, pp. 15-22, 2009
Sydney Law School Research Paper No. 10/66

Abstract:     
The Fair Work Act 2009 (Cth) has redrafted the old ‘transmission of business’ provisions for awards and agreements as new ‘transfer of business’ provisions. The new provisions differ considerably from the immediately prior Work Choices rules, and they also mark a change from the pre-Work Choices law. The ‘business characterization’ test applied in the PP Consultants case has been overruled and a test much more like the old ‘substantial identity’ of the work test has been restored. Nevertheless, the most important practical feature of the new rules is that broad powers have been given to Fair Work Australia to hear and determine applications on particular circumstances. The exercise of these powers has the potential for a flexible application of the rules, to accommodate business needs in the future.

Number of Pages in PDF File: 13

Keywords: transmission of business, corporate restructuring, labour law, employment law, worker entitlements

JEL Classification: K10, K30, K31

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Date posted: July 29, 2010  

Suggested Citation

Riley, Joellen, Transfer of Business Under the Fair Work Act (July 28, 2010). Commercial Law Quarterly, Vol. 23, No. 2, pp. 15-22, 2009; Sydney Law School Research Paper No. 10/66. Available at SSRN: http://ssrn.com/abstract=1649903

Contact Information

Joellen Riley (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
+61 2 9351 0205 (Phone)
+61 2 9351 0200 (Fax)
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