What is the difference between the term ‘transmission of business’ which was featured in the old law and ‘transfer of business’ under the new act?
The Fair Work Act includes replacement provisions for the old transmission of business rules that have existed under the previous laws. The Transfer of Business rules are aimed at protecting the rights of employees, in a fair manner, when there is a change of employer. Not only do the new rules change many aspects of the former regulation, but they also reflect a broader approach to the question of retention of employee entitlements and to the circumstances in which the general transfer rules apply. The immediate reaction of employers to transfer of employment regulation is to consider that this area is confined to the sale of businesses. This is a serious misunderstanding of the reach of the laws that can lead to unfortunate consequences.
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