WORKPLACE RELATIONS ACT 1996
- SECT 170VS
AWA binds employer's successor

(1)

If:

(a) an employee who is a party to an AWA becomes an employee of a new employer because the new employer is a successor to the whole or any part of the previous employer's business or undertaking; and
(b) at the succession time at least one of the following applies:
(i) the new employer is a constitutional corporation;
(ii) the new employer is the Commonwealth;
(iii) the employee's primary workplace is in a Territory;
(iv) the new employer is a waterside employer, the employee is a waterside worker and the employee's employment is in connection with constitutional trade or commerce;
(v) the employee is a maritime employee and the employee's employment is in connection with constitutional trade or commerce;
(vi) the employee is a flight crew officer and the employee's employment is in connection with constitutional trade or commerce;

then the new employer replaces the previous employer as a party to the AWA from the succession time.

(2)

The succession does not affect the rights and obligations of the previous employer that arose before the succession.

(3)

In this section: