National Wine Centre (Restructuring and Leasing Arrangements) Act 2002

The Minister may make arrangements with respect to the staff of the

Centre.

The Minister may, by instrument in writing, transfer a person who was, immediately before the dissolution of the Centre under section 4, a member of the staff of the Centre to a position in the employment of another person or body.

An instrument under subsection (2)—

takes effect from the date of the instrument or a later date specified in the instrument; and

may be varied or revoked by the Minister by further instrument in writing before the instrument takes effect; and

has effect by force of this Act and despite the provisions of any other law or instrument.

A transfer under this section does not—

affect the staff member's remuneration; or

interrupt continuity of service; or

constitute a retrenchment or a redundancy.

Except with the staff member's consent, a transfer under this section must not involve—

any reduction in a staff member's status; or

any change in employment duties that would be unreasonable having regard to the staff member's skills, ability and experience.

However, a staff member's status is not reduced by—

a reduction of the scope of the business operations for which the staff member is responsible; or

a reduction in the number of persons under the staff member's supervision or management, if the staff member's functions in their general nature remain the same as, or similar to, the staff member's functions before the transfer.

A staff member's terms and conditions of employment are subject to variation after the transfer in the same way as before the transfer.

A person whose employment is transferred from the Centre to another person or body (the new employer) under this section is taken to have accrued as an employee of the new employer an entitlement to annual leave, sick leave and long service leave that is equivalent to the entitlements that the person had accrued, immediately before the transfer took effect, as an employee of the Centre.

A transfer under this section does not give rise to any remedy or entitlement arising from the cessation or change of employment.

For the purposes of construing a contract applicable to a person whose employment is transferred under this section, a reference to the Centre is to be construed as a reference to the new employer.

The Minister may, by instrument in writing, make any ancillary provision that may be necessary or expedient in view of the transfer of a person under this section.