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Prime Minister’s exemption – Amendment to the transfer of business provisions in the Fair Work Act 2009 – Department of Education, Employment and Workplace Relations

On 21 September 2012, the Minister for Employment and Workplace Relations announced plans to amend the Fair Work Act 2009  to extend the existing transfer of business arrangements for transfers between two national system employers to include transfers of business from a state public sector employer (the old employer) to a national system employer (the new employer). The amendment will require a business which is taking over a state government owned business to maintain certain employment conditions. The amendment is considered an extension of the existing arrangements as the Fair Work Act 2009  already requires a business to maintain certain employment conditions when it takes over another business. A Regulation Impact Statement was required for this proposal but the Prime Minister granted an exemption on the basis of exceptional circumstances. A post-implementation review of the amendment will be required within 1 to 2 years of implementation.