SGIC (Sale) Act 1995

The Treasurer may, by order in writing, transfer employees of SGIC to positions in the employment of Newco or a Newco subsidiary.

An order under this section may take effect prospectively or retrospectively but must be made before the end of the transfer period and must take effect within the transfer period.

An order under this section may be varied or revoked by the Treasurer by further order in writing made before the order takes effect.

A transfer under this section does not—

affect the employee's remuneration; or

interrupt continuity of service; or

constitute a retrenchment or redundancy.

A transfer under this section must not involve—

any reduction in the employee's status; or

any change in the employee's duties that would be unreasonable having regard to the employee's skills, ability and experience; or

any change in the employee's place of employment unless the new place of employment is within reasonable commuting distance from the employee's former place of employment.

However, an employee's status is not reduced by—

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

a reduction in the number of employees under the employee's supervision or management, if the general nature of the employee's responsibility after the transfer remains the same as, or similar to, the employee's responsibility before the transfer.

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

A person who is transferred from SGIC's employment to the employment of Newco or a Newco subsidiary under this section is taken to have accrued as an employee of Newco or the Newco subsidiary 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 SGIC.

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

For the purposes of construing a contract applicable to the employment of a person who is transferred from SGIC to Newco or a Newco subsidiary under this section, a reference to SGIC is to be construed as a reference to Newco or the Newco subsidiary.