Transfer of employees to National Heavy Vehicle Regulator
233 Transfer of employees to National Heavy Vehicle Regulator
The Minister may, by written order, transfer the employment of a relevant employee (a transferred employee) to the employment of the National Heavy Vehicle Regulator.
A transfer of employment under this clause does not require the consent of the transferred employee.
The terms and conditions of employment of a transferred employee with the National Heavy Vehicle Regulator are—
for a contract employee—the terms and conditions determined by the Minister and specified in the order that transfers the employee’s employment, or
otherwise—the terms and conditions that applied to the employee under a State industrial instrument, including under local arrangements, if any, approved in accordance with the industrial instrument, as a relevant employee immediately before the transfer of employment.
The terms and conditions cannot be varied during an employment guarantee period for the transferred employee except—
by agreement entered into by or on behalf of a majority of the transferred employees, or
in accordance with the industrial instrument or the terms of local arrangements, if any, approved in accordance with the industrial instrument.
The employment of a transferred employee with the National Heavy Vehicle Regulator cannot be terminated by the National Heavy Vehicle Regulator during an employment guarantee period for the transferred employee, except—
for serious misconduct, or
as a result of the proper application of reasonable disciplinary procedures, or
by agreement with the employee.
There is an employment guarantee period for transferred employees who are permanent or temporary employees, as follows—
for permanent employees—the employment guarantee period is 2 years after the transfer date,
for temporary employees—the employment guarantee period is the shorter of the following periods—
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,
the period of 2 years after the transfer date.
Note—
There is no employment guarantee period for contract employees or casual employees. The employment of a transferred employee who is a contract employee remains governed by the contract of employment.
In this clause—
casual employee means an employee whose employment is in a category of employment that is described in or classified under a State industrial instrument 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 State industrial instrument.
permanent employee means an employee whose employment is of indefinite duration and who is not a casual employee, temporary employee or contract employee.
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 State industrial instrument as temporary employment or whose employment is, under the terms of the person’s employment, for a limited period.
transfer date means the date on which the employment of a transferred employee is transferred under this clause to the National Heavy Vehicle Regulator.
This Act’s bill:Explanatory memorandum
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