With a transfer of business, any industrial instrument that previously covered an employee of the only employer will transfer to cover an employee of the new employer.
You may apply to the Commission using Form F40 for orders to vary the effect of the industrial instrument that transfers to the new employer (transferable instrument).
On this page:
Use this form to apply for an order to vary the effect of a transferable instrument when there is a transfer of business.
Have this information ready before you begin. You will need to tell us:
We store your information in line with this form's Privacy notice (pdf).
Fill out the application. Attach the supporting documents we ask for.
Email your application to [email protected]. You can also send or deliver your document to the Commission office near you.
You must include a copy of the transferable instrument with Form F40.
You must send (serve) a copy of your application and supporting documents on the other parties to the industrial instrument, any union that represents the transferring employee(s). You must do this as soon as possible.
After we receive your application, we will contact you to explain the next steps in the process.
Fair Work Act 2009: Section 318, Section 319
Fair Work Commission Rules 2024: Rule 63