Transmission of Business

The Workplace Relations Act 1996 (Cth) (the Act) regulates the transfer of employee
entitlements from one employer to another during a transmission of business. These rules
apply to incorporated employers and provide substantial penalties for non-compliance.

What is a Transmission of Business?

The Act provides that a transmission of business occurs where a person (the new employer)
becomes the successor, transmittee or assignee of the whole, or a part, of a business of
another person (the old employer). An employee is a transferring employee if they were
employed by the old employer immediately before the transmission and become employed by
the new employer in the transmitted business within 2 months of the time of transmission.

 

• Transmission of Business Fact Sheet

          (Includes notes about the obligations of both the OLD and NEW employers).

 

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