Technical and Further Education Commission Act 1990

The TAFE Commission is to take such action as is available to it as an employer of a transferred staff member to ensure that the provisions of this clause are implemented.

During the transitional period, the employment of a transferred staff member with the TAFE Commission is to be on the same terms and conditions relating to the following matters as applied immediately before the commencement date to the person’s employment as an existing staff member—

hours of work,

salary,

shift, overtime and penalty rates,

allowances,

leave (other than extended leave or long service leave).

A transferred staff member—

retains any rights to annual leave, extended or long service leave, sick leave, and other forms of leave, accrued or accruing in his or her employment as an existing staff member, and

is not entitled to receive any payment or other benefit merely because the member ceases to be in the employment from which the member was transferred, and

is not entitled to claim, both under this Act or any other Act, dual benefits of the same kind for the same period of service.

Without limiting subclause (3), a transferred staff member is not, despite any other provision of this or any other Act, entitled to elect, because of that transfer, to be paid the money value of any extended or annual leave that the member accrued in the employment from which the member was transferred.