Section 333A — Fair Work Act 2009: Prospective employees

If: (a) an employer, or a person who may become an employer, gives to another person an undertaking that would have been a guarantee of annual earnings if the other person had been the employer’s or person’s employee; and (b) the other person subsequently becomes the employer’s or person’s employee; and (c) the undertaking relates to the work that the other person performs for the employer or person; this Division applies in relation to the undertaking, after the other person becomes the employer’s or person’s employee, as if the other person had been the employer’s or person’s employee at the time the undertaking was given.