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.
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 Act.
Apply using Form F41A.