Employment guarantee for employees transferred to private sector and maintenance of apprenticeships
16 Employment guarantee for employees transferred to private sector and maintenance of apprenticeships
If the employment of an eligible employee of an electricity generator is transferred to employment in the private sector as a result of a transaction arrangement, the employment of the employee cannot be terminated by the private sector employer during the employee’s employment guarantee period, except—
for serious misconduct, or
pursuant to the proper application of reasonable disciplinary procedures, or
by agreement with the employee.
An employee’s employment guarantee period is—
for eligible employees who are permanent employees—the period of 2 years (the standard period) after the transfer date, or
for eligible employees who are temporary employees—the remainder of the employee’s current term of employment (as specified in the arrangements under which the employee was engaged as a temporary employee) immediately before the transfer date, or the period of 2 years (the standard period) after the transfer date, whichever period ends first.
The object of this subsection is to provide an additional job maintenance guarantee because the transfer of electricity generator assets under this Act is by way of sale. The standard period of 2 years is extended by an additional period of 2 years for eligible employees.
The Treasurer is to take all reasonable steps to ensure that, under the transaction arrangements with all private sector employers, a total of at least 150 apprenticeships is maintained in the electricity generation businesses of those employers in NSW during any employment guarantee period under this section.
In this section—
casual employee means an employee whose employment is in a category of employment that is described in or classified under a relevant award as casual employment or who is otherwise engaged as a casual employee.
contract employee means an employee whose terms and conditions of employment are provided by an individual contract and not by a relevant award.
eligible employee means a permanent employee or temporary employee and does not include a contract employee or casual employee.
permanent employee means an employee whose employment is of indefinite duration and who is not a casual employee, temporary employee or contract employee.
private sector employer means the employer in the private sector to whose employment the employment of an eligible employee is transferred as a result of a transaction arrangement.
relevant award means any award, agreement or other industrial instrument (under a law of the State or the Commonwealth) that provides for the terms and conditions of employment of employees.
temporary employee means an employee (other than a casual employee or contract employee) whose employment is in a category of employment that is described in or classified under a relevant award as temporary employment or whose employment is, under the terms of his or her employment, for a limited period.
transfer date means the date on which an eligible employee is transferred to employment in the private sector as a result of a transaction arrangement.
This Act’s bill:Explanatory memorandumSecond reading speech
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