When there is a transfer of business (under section 768AD) a State award or State employment agreement (copied State instrument) that applied to an employee of the old employer will transfer to cover that employee and be binding on the new employer.
On this page:
The Commission may make orders to vary a copied State instrument for a transferring employee:
- to remove unmeaningful terms
- to remove uncertainty or ambiguity
- to amend the instrument to suit the working arrangements of the new employer
- to remove uncertainty or difficulty with how the copied State instrument relates to the National Employment Standards
- to remove difficulty with how the copied State instrument relates to a modern award
- remove terms that do not get along with general protection sections of the Fair Work Act.
Apply using Form F41A.
Before you start
Have this information ready before you begin. You will need to tell us:
- your details
- your organisation's details (if you are applying on behalf of an organisation)
- your representative's details, such as a lawyer or paid agent (if you are using one)
- the details of the copied State instrument
- the industry of the employer
- the details of the orders sought.
Who can use this form
Use this form to apply for an order to vary a copied State instrument when there is (or is likely to be) a transfer of business and you are:
- a person who is (or is likely to be) covered by the transferable instrument
- a union that can represent an employee who is (or is likely to be) covered by the copied State instrument.
Email your application to firstname.lastname@example.org. You can also send or deliver your document to the Commission office near you.
You must provide a copy of the copied State instrument with Form F41A.
You must send (serve) a copy of your application to the other parties to the copied State instrument and any union that represents the transferring employees and the new employer. You must do this as soon as possible.
What happens next?
We store your information in line with the form's Privacy notice.
After we receive your application, we will contact you to explain the next steps in the process.
Rules and regulations for this form
Fair Work Act 2009: Section 768AX
Fair Work Commission Rules 2013: Rule 34(3)