Section 314 — Fair Work Act 2009: New non-transferring employees of new employer may be covered by transferable instrument

(1) If: (a) a transferable instrument covers the new employer because of paragraph 313(1)(a); and (b) after the transferable instrument starts to cover the new employer, the new employer employs a non-transferring employee; and (c) the non-transferring employee performs the transferring work; and (d) at the time the non-transferring employee is employed, no other enterprise agreement or modern award covers the new employer and the non-transferring employee in relation to that work; then the transferable instrument covers the new employer and the non-transferring employee in relation to that work. (2) A non-transferring employee of a new employer, in relation to a transfer of business, is an employee of the new employer who is not a transferring employee. (3) This section has effect subject to any FWC order under subsection 319(1).