Application by Black Kite Partners Pty Limited
Citation: [2026] FWC 2483
At a glance
- Employees affected
- 8
- Awards cited
- MA000043
What happened
Black Kite Partners Pty Ltd (the Applicant) sought an order from the Fair Work Commission regarding instruments covering a business transfer from IFM Investors Pty Ltd (the Old Employer). Eight employees, known as Transferring Employees, ceased employment with the Old Employer on April 30, 2026, and began working for the Applicant on May 1, 2026. The Applicant wanted the IFM Investors Agreement to not cover these employees, instead having them covered by either the Banking and Finance Award or their individual employment contracts. Discussions about the transfer began in October 2025, with the Applicant providing investment advice services to the Old Employer following the transaction.
What was decided
The Fair Work Commission granted the Applicant’s application under s.318 of the Fair Work Act. The IFM Investors Agreement 2025 will not cover Black Kite Partners Pty Ltd and the eight Transferring Employees from the date of the order. This means the employees will be covered by either the Banking and Finance Award or their individual employment contracts. The Commission based its decision on the requirements of s.311 of the Act being met, including a connection between the Old Employer and the Applicant through asset use and service outsourcing. No submissions were received in opposition to the application.
What it means for employers
Employers undertaking business transfers need to carefully consider which instruments (awards or agreements) will cover transferring employees. They should assess whether s.318 of the Fair Work Act applies, particularly if they want a different instrument to apply to the transferred workforce.
What it means for employees
Employees whose employment is part of a business transfer should be aware that the instruments covering their terms and conditions may change. This can impact pay rates, allowances, and other benefits. Employees have rights under the Fair Work Act regarding these transfers.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc2483.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →