The University of Queensland

[2012] FWA 4940

[2012] FWA 4940

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees in awards

The University of Queensland
(C2012/4083)

THE UNIVERSITY OF QUEENSLAND ENTERPRISE AGREEMENT 2010 -2013

Educational services
COMMISSIONER SIMPSON	BRISBANE, 22 JUNE 2012

Application for approval of the Transfer from Modern Award to current enterprise agreement.

[1] An application was made on 6 June 2012 by The University of Queensland (the Applicant) for an order relating to instruments covering an employer and transferring employees. The Applicant is the new employer of staff currently working in the Western Animal Emergency Centre at St. Lucia who were previously employed by UniQuest.

[2] The Applicant asserts that a transfer of business occurred between UniQuest and the Applicant on 9 April 2012. The Applicant points to the following factors which they submit means a transfer of business has occurred:

• An employee will be employed by the new employer (the Applicant) within 3 months of the employee ending their employment with a previous employer (UniQuest); and



• The work an employee will do will be the same or substantially the same as the work they do for their previous employer; and



• There is a “connection” between the previous employer (UniQuest) and the new employer (the Applicant) i.e. UniQuest is an associated entity of the Applicant.

[3] Based on the material before me I am satisfied that there is, or is likely to be, a transfer of business from an old employer to a new employer within the terms of the Act s317.

[4] I have considered all of the matters set out in s.318(3) of the Act and on the basis of the information provided to me I am satisfied an order should be issued as sought.

[5] The Order (PR524974) will have effect from the time transferring employees become employed by The University of Queensland.

COMMISSIONER

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<Price code A, AE884208  PR524972>