Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 2008
sec.17Preservation of employees’ rights and entitlements
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sec.17 Preservation of employees’ rights and entitlements
This section applies to a person who, immediately before the dissolution day, was an employee of ICC. On the dissolution day, the person is employed by TSIRC on the same conditions on which the person was employed by ICC. Employment of the person by TSIRC under subsection (2) does not— affect the employee’s benefits, entitlements or remuneration; or prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service; or constitute a retrenchment or redundancy; or entitle the employee to a payment or other benefit merely because the person is no longer employed by ICC. Without limiting subsection (2) , if an industrial instrument applies to the person immediately before the dissolution day, the instrument continues to apply to the person. A workforce transition code of practice under the Local Government Act 1993 , section 159ZH , applies to the transition of the employee from ICC to TSIRC as if ICC were, under the Local Government Act 1993 , chapter 3 , part 1B , a merging local government whose local government area is abolished to form part of the new local government area of TSIRC. The Local Government (Workforce Transition Code of Practice) Notice 2007 was notified on 29 August 2007. In this section— industrial instrument means a federal award, federal agreement or industrial instrument, as defined under the Industrial Relations Act 1999 . (sec.17-ssec.1) This section applies to a person who, immediately before the dissolution day, was an employee of ICC. (sec.17-ssec.2) On the dissolution day, the person is employed by TSIRC on the same conditions on which the person was employed by ICC. (sec.17-ssec.3) Employment of the person by TSIRC under subsection (2) does not— affect the employee’s benefits, entitlements or remuneration; or prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service; or constitute a retrenchment or redundancy; or entitle the employee to a payment or other benefit merely because the person is no longer employed by ICC. (sec.17-ssec.4) Without limiting subsection (2) , if an industrial instrument applies to the person immediately before the dissolution day, the instrument continues to apply to the person. (sec.17-ssec.5) A workforce transition code of practice under the Local Government Act 1993 , section 159ZH , applies to the transition of the employee from ICC to TSIRC as if ICC were, under the Local Government Act 1993 , chapter 3 , part 1B , a merging local government whose local government area is abolished to form part of the new local government area of TSIRC. The Local Government (Workforce Transition Code of Practice) Notice 2007 was notified on 29 August 2007. (sec.17-ssec.6) In this section— industrial instrument means a federal award, federal agreement or industrial instrument, as defined under the Industrial Relations Act 1999 .