Harness Racing Act 2009

Until 1 August 2009, HRNSW—

must notify Authority employees whenever it intends to fill a position in the staff of HRNSW, and

must give the notified employees a reasonable opportunity to apply for the position.

An Authority employee who—

applies for a position to be filled as referred to in subclause (1), and

at the time of making the application is performing substantially the same duties for the former Authority as are required to be performed in the position to be filled or, if at that time the former Authority has been dissolved, was performing substantially those same duties for the former Authority immediately before its dissolution,

The employment of an Authority employee who is appointed to a position in the staff of HRNSW in accordance with this clause is not to be terminated within the period of 24 months after the commencement of the employment on the ground of redundancy arising from the operation of this Act.

An Authority employee who is appointed to a position in the staff of HRNSW in accordance with this clause—

is, subject to paragraphs (b) and (c), to be employed by HRNSW during the period referred to in subclause (3) at the same salary that the employee received immediately before ceasing to be an employee of the former Authority, and

if the employee is employed by HRNSW on 1 July 2009, is entitled to a 4% increase in the employee’s salary at that date, and

if the employee is employed by HRNSW on 1 July 2010, is entitled to a further 4% increase in the employee’s salary at that date.

Subclause (4) is subject to any agreement relating to salary between HRNSW and the Authority employee concerned.

An Authority employee who is appointed to a position in the staff of HRNSW in accordance with this clause is, on commencing employment in that position, entitled to be paid compensation by HRNSW calculated in accordance with Schedule 1 to the Employment Protection Regulation 2001 (as in force at the commencement of this clause) as if the compensation payment were a severance payment referred to in that Schedule. No other payment or benefit is payable to the Authority employee merely because he or she ceases to be a member of staff of the former Authority.

If HRNSW is unable to fill a position in accordance with subclause (2) within a reasonable time after the position was notified to Authority employees, nothing in this clause prevents HRNSW from filling the position in any other way.

In this clause, Authority employee means a person who was a member of staff of the former Authority before its dissolution.