Section 768BH — Fair Work Act 2009: Consolidation order to deal with application and coverage

(1) A consolidation order under subsection 768BG(1) must specify when the copied State instrument for employee A applies to, and covers: (a) a non-transferring employee; and (b) the new employer in relation to the non-transferring employee; and (c) an employee organisation in relation to the non-transferring employee; in relation to the transferring work. (2) If an enterprise agreement covers the non-transferring employee and the new employer, the order must also specify that the agreement does not cover: (a) the non-transferring employee; or (b) the new employer in relation to the non-transferring employee; or (c) an employee organisation in relation to the non-transferring employee; in relation to that work.