DETERMINATION

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards
(AM2014/260)

BUILDING AND CONSTRUCTION GENERAL ON-SITE AWARD 2010
[MA000020]

4 yearly review of modern awards – alleged inconsistencies with NES.

A. Further to the Full Bench decisions issued on 23 December 2014 1, 8 May 20152 and 11 January 20163, the above award is varied as follows:

1. By deleting clause 17.7 and inserting the following:

17.7 Transfer of business

(a) Where a business is, before or after the date of this award, transferred from an employer (in this subclause called the old employer) to another employer (in this subclause called the new employer) and an employee who at the time of such transfer was an employee of the old employer in that business becomes an employee of the new employer:

(i) the continuity of the employment of the employee will be deemed not to have been broken by reason of such transfer, and

(ii) the period of employment which the employee has had with the old employer or any prior old employer will be deemed to be service of the employee with the new employer,

for the purpose of redundancy pay entitlements under this clause.

(b) In this subclause, business includes trade, process, business or occupation and includes part of any such business and transfer includes transfer, conveyance, assignment or succession whether by agreement or by operation of law. Transferred has a corresponding meaning.

B. This determination comes into force from 12 January 2016.

VICE PRESIDENT

 1   [2014] FWCFB 9412.

 2   [2015] FWCFB 3023.

 3   [2016] FWCFB 191.

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