TRANSFER OF BUSINESS – enterprise agreement – ss.314, 319 Fair Work Act 2009 – application by Australian Nursing and Midwifery Federation that old employer’s agreement cover non-transferring employees performing transferring work for new employer – non-transferring employees otherwise covered by new employer’s agreement – Commission distinguished case from CSIRO as virtually no employee would suffer disadvantage from coverage of old employer’s agreement – considered requirements in s.319(3) of FW Act – found making orders would have negative impact on productivity and negative economic disadvantage – not persuaded in public interest to grant application – application dismissed. Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016
