22Employees of AJC or STC become employees of merged racing club

22 Employees of AJC or STC become employees of merged racing club

22 Employees of AJC or STC become employees of merged racing club

(1) Any person who, immediately before the merger finalisation day, was an employee of the AJC or STC ceases, on and from that day, to be an employee of the AJC or STC and becomes instead an employee of the merged racing club (a transferred employee).

(2) The following provisions apply in relation to the employment by the merged racing club of a transferred employee (subject to any applicable provisions of the Fair Work Act 2009 of the Commonwealth and subsection (3)):

(a) the transferred employee is to be employed on the same terms and conditions as under the employee’s contract of employment with the AJC or STC immediately before the merger finalisation day,

(b) the terms and conditions of employment of the transferred employee referred to in paragraph (a) may, after the merger finalisation day, be changed in the same way as they could have been before the merger finalisation day,

(c) the service with the AJC or STC of the transferred employee is taken to be service with the merged racing club for all purposes and the employee’s accrued entitlements with the AJC or STC are taken to be accrued entitlements with the merged racing club,

(d) a transferred employee is not entitled to payment (including, without limitation, any payment in lieu of leave or any damages or other compensation, whether under legislation, contract or otherwise) arising out of, or resulting from, the operation of this Division.

Note—

See also Part 2–8 (Transfer of business) of the Fair Work Act 2009 of the Commonwealth.

(3) Nothing in this section affects the continued application (if any) of any industrial instrument under the Industrial Relations Act 1996 to the employment of a transferred employee.