When there is a transfer of business (from a non-national system State public sector employer to a new national system employer) a copied State award or copied State employment agreement will transfer to and be binding on the new employer.
The Commission may make orders to vary the effect of a copied State award of copied State employment agreement (copied State instrument) that transfers to the new employer. Apply using Form F40A.
On this page:
Use this form to apply to vary the effect of a copied State when there is a transfer of business from a State public sector employer to a new national system employer.
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 lodge@fwc.gov.au. You can also send or deliver your document to the Commission office near you.
You must include a copy of the copied State award of copied State employment agreement with Form F40A.
You must send (serve) a copy of your application to the other parties to the copied State instrument, any union that represents the transferring employees and the new employer. 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 768BA, Section 768BD, Section 768BG
Fair Work Commission Rules 2013: Rule 34(4)