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Holding out under industrial relations law

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QwertyAUS View Drop Down

Joined: 16/May/2012
Location: Australia
Posts: 10
  Quote QwertyAUS Quote  Post ReplyReply Direct Link To This Post Topic: Holding out under industrial relations law
    Posted: 16/May/2012 at 19:28
I need some advice from someone with experience in industrial relations law. I know that in some areas of law, if a person holds themself out to be in a certain position, they can then be held accountable for any responsibilities that are associated with that position. For example to do with agency. What role does holding out play on industrial relations matters?

Here are the facts:
The company in question was originally owned by person A.
Person A had signed a union award.
Person A sold the company to person B.
Person B changed the name of the company.
Person B then stopped following the union award.
Normally the company would still be bound to follow the union award, however, they claim that no staff were carried over during the change of hands and change of name. Therefore they would no longer be bound.
Person B continued to use the old trading name on advertising material in order to gain from the long standing good name.

So the question is, if they are still gaining from holding out as being the same company, are they also bound by the responsibility to follow the union award?

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