How can I install the newest OS to a brand new MacBook Pro that has an older version and the laptop has never been used

A new M1 MacBook Pro, most likely, will come with macOS Monterey installed. If you just got it, it may even have Ventura.

Both laptops do NOT need to have the same version of macOS to transfer the data. However, you may have apps that you are using on the older laptop that may not be supported in a newer version of macOS.

Regardless there are a number of ways to tackle this. One method would be as follows:

1. Make a Time Machine backup of the old laptop.
2. Run the initial setup process with your new laptop. You then have the option to use Setup Assistant to migrate the Time Machine backup of your old laptop.
3. Once successfully migrated, you can then go ahead and upgrade macOS on the new laptop.

Ref:

• Move content to a new Mac - Apple Support
• Setup Assistant and Migration Assistant - rkaufmann87 ASC