Rail Company Act 2009

A transfer notice under section 27(2) may specify the State Service employees and State Service officers whose employment is to be transferred to the Company.

Before the transfer day, the Minister is to give to each State Service employee and State Service officer who is to become a transferred employee written notice that his or her employment is to be transferred to the Company and the date, or approximate date, on which that transfer will take effect.

A State Service employee or State Service officer may not be specified in a transfer notice unless that person has agreed, in writing, to the transfer of his or her employment to the Company.

On the transfer day, each State Service employee and State Service officer who is specified in a transfer notice – becomes an employee of the Company and the Company becomes the employer of that person; and ceases to be a State Service employee or State Service officer.

A transferred employee – is to be employed by the Company for not less than the same remuneration as he or she was receiving immediately before becoming a transferred employee; and except where an award, industrial agreement, any other law or the transfer notice otherwise provides, retains all accrued entitlements as if employment as an employee of the Company were a continuation of employment with the Crown; and is entitled to claim those entitlements against the Company; and except where the transfer notice provides otherwise, is not entitled to any compensation or other payment in respect of the change of employer or any change in his or her position description, title, role or duties that results from the change of employer.

Subject to subsection (8), a contract of employment that had effect in relation to a person immediately before the person became a transferred employee continues to have effect in relation to the person as a transferred employee and for that purpose – a reference in that contract to the Crown is taken where appropriate to be or to include a reference to the Company; and that contract is taken where appropriate to be or to include a reference to the Company.

The period of service with the Crown of a person who becomes a transferred employee is taken to be service with the Company.

Before, or as soon as practicable after, the employment of a person is transferred to the Company by the operation of subsection (4), the Company by written notice provided to the person may determine position description, title, role or duties for the position to be occupied, or occupied, by the person in the Company that is different from his or her position description, title, role or duties with the Crown.

Nothing in this section prevents any of the terms of employment of a transferred employee being altered by an award, industrial agreement or law after he or she becomes a transferred employee.