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Meanings of transfer of business , old employer , new employer and transferring work (1) There is a transfer of business from an employer (the old employer ) to another employer (the new employer ) if the following requirements are satisfied: (a) the employment of an employee of the old employer has terminated; (b) within 3 months after the termination, the employee becomes employed by the new employer; (c) the work (the transferring work ) the employee performs for the new employer is the same, or substantially the same, as the work the employee performed for the old employer; (d) there is a connection between the old employer and the new employer as described in any of subsections (3) to (6). Meaning of transferring employee (2) An employee in relation to whom the requirements in paragraphs (1)(a), (b) and (c) are satisfied is a transferring employee in relation to the transfer of business. Transfer of assets from old employer to new employer (3) There is a connection between the old employer and the new employer if, in accordance with an arrangement between: Chapter 2 Terms and conditions of employment Part 2-8 Transfer of business Division 2 Transfer of instruments