Heavy Vehicle National Law Act 2012

The transfer of an employee of TMR under section 34C does not—

affect the employee’s benefits, entitlements or remuneration; or

prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or

interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or

entitle the employee to a payment or other benefit from the State because the employee is no longer employed by TMR; or

require TMR to make any payment to the employee in relation to the employee’s accrued rights to recreation, sick, long service or other leave.

Despite any other law, employment arrangement or directive, the transfer of an employee under section 34C(1)(a) does not—

entitle the transferring employee to a payment or other benefit for a retrenchment or redundancy; or

require TMR or the State to find the employee alternative employment.

A reference in this section to an employee’s benefits, entitlements or remuneration, or rights to superannuation or recreation, sick, long service or other leave, includes a reference to the employee’s benefits, entitlements, remuneration or rights under a directive identified in a transfer schedule for the employee as that directive applies to the employee on the transfer day.

A directive identified in a transfer schedule that is not a copied State instrument under the Fair Work Act 2009 (Cwlth) ceases to operate for a transferring employee when the directives that are copied State instruments under the Fair Work Act 2009 (Cwlth) cease to operate under section 768AO of that Act.

In this section—