The Gillard Government on 11 October 2012 introduced a bill to amend the Fair Work Act to extend the transfer of business rules to employees of State Governments (other than in Victoria, where the government and its agencies are treated as national system employers and hence the rules already apply).

The effect of the legislation, if passed, is that State public sector awards and agreements will apply to private sector employers who take on outsourced State Government work, if they hire former State Government employees to perform that work within three months of the employees’ employment ending with the State Government. This will be subject, as at present in relation to transfers already covered by the Fair Work Act, to any contrary order made by FWA.

For more information on the Fair Work Act amendments, please click here.

For more information on the Fair Entitlements Guarantee Bill 2012 please click here

For more information on the Fair Work Amendment (Transfer of Business) Bill 2012 please click here