On Monday I take over a Victorian café business and employ the wait staff and use the equipment left behind by the outgoing operator who ceased trading the previous Friday. I have not had any communication with the outgoing operator or anyone on his behalf. Do I have to recognise the periods of service the employees had with the old operator?
Only in respect of long service. In respect of other service-based entitlements the absence of any arrangement between the old operator and you permitting your use of the old operator’s assets means the FW Act transfer of business provisions will not apply.