Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- What Is An Employee Transfer Notice - And When Do You Need One?
- How To Structure Your Employee Transfer Communication
Copy-And-Paste Templates For Common Transfer Scenarios
- Template 1: Consultation Letter - Proposed Transfer (Same Employer)
- Template 2: Final Notice - Transfer (Same Employer)
- Template 3: Roster Change Notice (Following Consultation)
- Template 4: Secondment Letter (Internal Secondment)
- Template 5: Employment Transfer Between Group Companies (With Consent)
- Template 6: Contract Variation Letter (Permanent Changes)
- Documents To Have On Hand For Smooth Transfers
- Key Takeaways
Moving an employee to a new site, team or related entity can be a smart operational decision. But in Australia, employee transfers aren’t just an internal admin step - they often trigger legal obligations under the Fair Work framework, modern awards and employment contracts.
Clear, compliant communication is key. Well-drafted transfer notices and letters help you consult properly, secure consent where needed and avoid disputes about changed duties, hours, location or employer.
In this guide, we’ll step through when you can transfer staff, what the law expects from employers, and provide practical, copy‑and‑paste letter templates you can tailor to your workplace.
What Is An Employee Transfer Notice - And When Do You Need One?
An “employee transfer notice” is any written communication that informs a staff member about a change to where they work, who they report to, the entity that employs them, or other material terms of their employment.
You’ll typically use a transfer notice when:
- Reassigning an employee to a different location or site (temporary or permanent).
- Moving a role to another team or manager, with no pay or hours change.
- Implementing a roster change that affects start/finish times or days worked.
- Seconding an employee to another business or division for a period.
- Transferring employment between related group companies (e.g. as part of a restructure).
Whether a unilateral notice is enough - or you need the employee’s consent - depends on the employment contract, applicable modern award or enterprise agreement, and the size of the change. If the move varies core terms (like hours, pay, location outside a mobility clause, or duties in a way that’s not reasonable), you’re generally looking at a contract variation that requires agreement.
It’s also important to consult with employees about major workplace changes. Many modern awards require genuine consultation before implementing changes to rosters, hours or location. If you skip consultation, you risk non‑compliance and grievances.
Legal Considerations Before You Send A Transfer Letter
Before issuing a notice, work through this quick compliance checklist.
1) Review The Employment Contract And Policies
- Mobility clause: Does the contract allow reasonable changes to work location or duties?
- Variation clause: Does it set a process for changing terms?
- Policies: Do your Workplace Policies address transfers, rosters, and consultation?
If the change is material, a simple notice won’t be enough - treat it as a contract change and obtain written agreement. Our guide on Changing Employment Contracts explains how to do this properly.
2) Check Award Or Enterprise Agreement Obligations
Many awards require you to consult about major workplace changes and roster variations, provide minimum notice for roster changes, and consider employee feedback before finalising decisions. Failing to consult can breach the award even if the change itself is otherwise reasonable.
If you’re altering working times, also cross‑check any minimum rest breaks between shifts and overtime triggers. Where you’re changing days and times of work, a consultation letter should be sent before issuing any final notice.
3) Consider Reasonableness And Travel Distance
Even if a contract has a mobility clause, the transfer must be reasonable. Aggressive increases in commute time or costs, or significant duty changes, can be challenged. Reasonableness depends on the role, the clause wording and the operational context.
4) Get the Right Agreement For Secondments Or Group Transfers
A temporary placement into another team or entity is best managed with a Secondment Agreement that clarifies supervision, pay, leave, insurance and return terms.
If you’re moving the employment relationship to another company in your group, you’ll need employee consent and a clear process for Transferring Employees so continuity of service, entitlements and records are handled correctly.
5) Update Contracts Where Needed
When a transfer results in permanent changes (like hours, pay classification or work location), issue a contract variation or a fresh Employment Contract letter to record the updated terms.
6) Manage Privacy When Sharing Employee Data
If you share employee records with another entity (even within your group), ensure it’s consistent with your Privacy Policy and the Privacy Act. Only disclose what’s necessary, and tell employees about the change in control of their personal information.
How To Structure Your Employee Transfer Communication
Good transfer letters are clear, consultative and confirm final decisions and dates. The best practice approach is:
- Consultation letter: Outline the proposed change, your reasons, potential impacts and invite feedback by a set date.
- Meeting: Discuss alternatives and consider reasonable employee feedback.
- Final notice of transfer: Confirm the decision, start date, new reporting lines, any support/allowances, and how entitlements will be treated.
- Contract variation or secondment/transfer agreement: Where required, formalise the change for signature.
If rosters will change, align your timeline with any award consultation rules and minimum notice periods for roster changes. When you’re altering rosters, this sits alongside your obligations for Changing Employee Rosters.
Copy-And-Paste Templates For Common Transfer Scenarios
Use the templates below as a starting point and tailor them to your contract terms and any applicable award. Replace bracketed text and remove options that don’t apply. For substantial contract changes, secure signed agreement as well.
Template 1: Consultation Letter - Proposed Transfer (Same Employer)
Subject: Consultation - Proposed Transfer To
Hi ,
We’re proposing to transfer your role to from around . The reason for this change is .
What would change:
- Location: from to (approx. from current site)
- Reporting line: to
- Hours/roster:
- Duties:
We’re consulting with you before any decision is made. Please let us know any questions or feedback, including any impact this may have on you, by . You’re welcome to bring a support person to any meeting.
We’ll consider your feedback before finalising the proposal.
Kind regards,
Template 2: Final Notice - Transfer (Same Employer)
Subject: Notice of Transfer -
Hi ,
Following consultation, we confirm your transfer to effective . The details are:
- Location:
- Reporting to:
- Hours/roster: (any overtime/penalties will be paid in accordance with your applicable award/EA and contract)
- Duties: . Your classification and base pay remain .
of for to assist with the transition.]
All other terms of your employment remain the same. Please reach out if you have any questions.
Kind regards,
Template 3: Roster Change Notice (Following Consultation)
Subject: Roster Change -
Hi ,
After consultation on , we confirm your roster will change effective as follows:
- New ordinary hours:
- Location:
- Breaks:
This notice is provided in line with our consultation obligations and minimum notice requirements. If you have concerns about the new pattern, contact as soon as possible.
Kind regards,
Template 4: Secondment Letter (Internal Secondment)
Subject: Secondment To -
Hi ,
We’re pleased to confirm your secondment to from to . During this period:
- You’ll report to and perform .
- Your base pay and classification remain unchanged.
- Leave and entitlements continue to accrue under your current employment.
- will be provided as needed.
Please reply “I agree” to accept these terms. We’ll arrange a formal secondment agreement capturing the details.
Kind regards,
Note: For inter‑entity secondments (e.g. to a related company), put a formal Secondment Agreement in place between the entities and confirm responsibilities for pay, supervision, safety and insurance.
Template 5: Employment Transfer Between Group Companies (With Consent)
Subject: Consent To Transfer Of Employment - to
Hi ,
We’re proposing to transfer your employment from to our related entity effective . Your role, base pay and continuity of service will be preserved, and your leave balances will transfer.
Key points:
- Position and duties:
- Location and hours:
- Pay and classification:
- Continuity of service: Your start date of will be recognised by for leave and service‑based entitlements.
- Policies and procedures: You’ll be subject to policies.
- Privacy: Your employee records will be shared with for the purpose of administering your employment.
Please review the attached letter of offer/variation from . If you consent to the transfer, sign and return by .
Kind regards,
Tip: A written acceptance plus a formal transfer/novation process helps ensure service continuity and entitlements are legally preserved. This is a distinct process from a simple internal reassignment - see our guide to Transferring Employees for the practical steps.
Template 6: Contract Variation Letter (Permanent Changes)
Subject: Employment Variation -
Hi ,
Following consultation, we propose to vary your employment terms effective . The changes are:
- to ]
- to ]
All other terms remain the same. Please sign and return the attached variation letter by . If you have any questions, contact .
Kind regards,
Where changes are extensive (e.g. new classification or permanent relocation), consider issuing an updated Employment Contract rather than a short variation.
Frequently Asked Questions About Employee Transfers
Can I Transfer Someone Without Their Consent?
It depends on the contract, the applicable award/EA and the scale of the change. Reasonable changes within a mobility clause may be implemented following consultation. However, if the change alters core terms (pay, hours, duties beyond reasonableness, or relocates them unreasonably), you’ll need written agreement - treat it as a contract variation. If agreement can’t be reached, explore alternatives like secondment, redeployment or, as a last resort, a formal restructure process that may involve redundancy risks.
How Much Notice Do I Need To Give For A Roster Change?
Check the relevant award or enterprise agreement for minimum notice and consultation steps. Many awards require prior consultation and set minimum notice (e.g. seven days) unless there are genuine emergencies or mutual agreement to shorter timeframes. If you’re unsure, take a conservative approach and consult early. Our overview of Changing Employee Rosters covers the process.
What If The Employee’s Commute Will Increase?
Relocation must be reasonable. Consider the extra travel time and cost, family responsibilities and whether you can offer support (temporary allowances, flexible start/finish times, hybrid days). If the move would be unreasonably burdensome, seek consent and accommodations rather than relying solely on a mobility clause.
Do I Need To Update Policies Or Position Descriptions?
Yes - keep position descriptions, organisational charts and policies current so expectations are clear. If you haven’t reviewed your policies in a while, this is a good moment to align them with your transfer and consultation approach using up‑to‑date Workplace Policies.
When Should I Use A Secondment Instead Of A Transfer?
Use a secondment when the change is temporary, especially if another team or entity will oversee day‑to‑day work. A concise letter may suffice for simple internal secondments, but inter‑entity arrangements should be documented in a formal Secondment Agreement that clarifies pay, supervision, insurance and IP/confidentiality.
Step-By-Step: Rolling Out A Compliant Transfer
Step 1: Map The Change
List what’s changing (location, hours, duties, manager, employing entity) and whether each item sits within existing terms or requires consent. Identify any award/EA rules and your timeline.
Step 2: Prepare The Consultation Letter
Use Template 1 to start the discussion. Explain the business reasons, invite feedback and propose reasonable support for impacted employees. Keep an open mind - you must genuinely consider feedback.
Step 3: Meet And Consider Feedback
Discuss alternatives and reasonable adjustments. If multiple roles are affected, apply objective selection criteria. Document your process.
Step 4: Finalise The Decision And Issue Notices
Send the final transfer notice (Template 2 or 3). Where terms change, attach a variation letter or updated contract (Template 6). If moving roles between group entities, include a consent to transfer and new offer letter from the receiving entity (Template 5).
Step 5: Formalise Agreements And Update Records
Secure signatures on any variations, secondments or transfer documents. Update payroll, leave balances, position descriptions, IT access and your HRIS. If the change involves reduced hours or reclassification, assess any award‑specific requirements and consider our guide on Reducing Employee Hours for lawful pathways.
Step 6: Communicate And Support The Transition
Inform the team about reporting lines and introductions. Offer reasonable support (e.g. relocation allowance or flexible start times for a period). Monitor workload and wellbeing in the first few weeks.
Documents To Have On Hand For Smooth Transfers
These documents help you implement transfers in a compliant, low‑friction way.
- Employment Contract: Clear clauses on duties, location, mobility and variation processes reduce disputes. For updates, issue a fresh Employment Contract or a targeted variation letter.
- Secondment Agreement: Use for temporary placements, especially across entities, to allocate supervision, pay, insurance and confidentiality obligations - see Secondment Agreement.
- Transfer/Novation Documents: For group company transfers, use a formal process so continuity of service and entitlements are preserved, in line with our guide to Transferring Employees.
- Workplace Policies: Up‑to‑date policies covering consultation, rostering, travel, flexible work and privacy provide a framework for consistent decisions - see Workplace Policies.
- Privacy Policy: If you share employee data with another entity or adopt new systems during the move, make sure your Privacy Policy and notices cover those disclosures.
- Consultation And Notice Templates: The letters above help you meet award/EA consultation obligations and record the change properly.
- Position Descriptions: Updated PDs ensure clarity about duties and performance expectations post‑transfer.
If you’re making multiple or complex changes, it’s often cleaner to consolidate the outcome into a single agreement rather than a chain of emails. Where transfers intersect with restructures or role changes, you may also need to consider redeployment obligations and, if applicable, redundancy risks.
Key Takeaways
- Employee transfers in Australia can trigger award consultation rules and contract variation requirements - don’t rely on a simple notice if core terms are changing.
- Start with consultation, then issue a clear final notice, and formalise permanent changes through a signed variation or updated contract.
- Use a Secondment Agreement for temporary placements and a formal transfer process for moves between group companies to preserve entitlements and continuity of service.
- Keep contracts, position descriptions, rosters and policies aligned; for roster changes, follow award timelines and processes for consultation and notice.
- Manage privacy when sharing employee records and communicate support for any increased commute or transition impacts.
- Well‑structured letter templates save time and reduce risk, but complex scenarios benefit from tailored legal advice.
If you’d like a consultation on drafting employee transfer notices, secondments or contract variations for your workplace, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.








