Rights of transferred employees etc.
111 Rights of transferred employees etc.
This section applies if there is a transfer of an employee (a transferred employee) from a relevant water entity (the transferor) to another relevant water entity (the transferee) under a regulation made under section 105.
The transfer does not—
reduce the transferred employee’s total remuneration; or
prejudice the transferred employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or
interrupt continuity of service, except that the transferred 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
constitute a termination, retrenchment or redundancy of the transferred employee’s employment by the transferor; or
entitle the transferred employee to a payment or other benefit merely because he or she is no longer employed by the transferor; or
require the transferor to make any payment in relation to the transferred employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the transferor and the transferred employee.
The transfer has effect despite any other contract, law or instrument.
If the regulation mentioned in subsection (1) provides for the application of a particular industrial instrument to an employee of the transferee other than a transferred employee, the provision does not reduce the other employee’s total remuneration.
This Act’s bill:Explanatory memorandum
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