Transport Integration Act 2010

This section applies to an employee who is not employed under Part 3 of the Public Administration Act 2004.

If as a result of a Transport Restructuring Order or a Transfer Order it is necessary to transfer any employees from the transferor transport body to any other transport body, the Secretary must list in writing the persons who were employed by the transferor transport body before the transfer date and who the Secretary determines should be transferred to another transport body.

An employee transferred under this section is to be regarded as—

being employed by the other transport body with effect from the transfer date;

having been so employed on terms and conditions of employment determined by the Secretary that are no less favourable overall than those that applied to the person immediately before the transfer date;

having accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued immediately before the transfer date.

The service of an employee transferred under this section is to be regarded for all purposes as having been continuous with the service of the employee immediately before the transfer date.

An employee transferred under this section is not entitled to receive any payment or other benefit by reason only of having ceased to be employed by the transferor transport body because of the operation of this Division.

A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the transfer date, employed by virtue of this section by the other transport body, is admissible in evidence in any proceedings as evidence of the matters stated in it.

The superannuation entitlements of any person who is transferred under this section are to be taken not to be affected by that person being transferred.

Nothing in this section prevents—

any of the terms and conditions of employment of a person transferred under this section from being altered by or under any law, award or agreement with effect from any time after the transfer date; or

a person transferred under this section from resigning or being dismissed at any time after the transfer date in accordance with the then existing terms and conditions of their employment with the other transport body.