49Continuity of entitlements of transferred employees

49 Continuity of entitlements of transferred employees

(1) On and after the transfer date, the following provisions have effect—

(a) a transferred employee is entitled to continue as a contributor, member or employee for the purposes of any superannuation scheme in respect of which the employee was a contributor, member or employee (as an employee of the Port Corporation) immediately before the transfer date and remains so entitled subject to any variation to that entitlement made either by agreement or otherwise in accordance with law;

(b) a designated private sector employer who is a transferred employee's employer is taken to be an employer for the purposes of any superannuation scheme in respect of which the transferred employee continues as a contributor, member or employee pursuant to an entitlement under this section;

(c) the continuity of a transferred employee's contract of employment is taken not to have been broken by the employee ceasing to be an employee of the Port Corporation and commencing employment with a designated private sector employer and service of the employee with the Port Corporation (including service deemed to be service with the Port Corporation) that is continuous service up to the transfer date is taken for all purposes to be service with the designated private sector employer;

(d) a transferred employee retains any rights to sick leave, annual leave or long service leave accrued or accruing immediately before the transfer date (except accrued leave for which the employee has, on ceasing to be an employee of the Port Corporation, been paid the monetary value in pursuance of any other entitlement of the transferred employee).

S. 49(2) amended by No. 12/2018 s. 59.

(2) Nothing in the Long Service Leave Act 2018 prevents payment in connection with the commencement of employment of an employee of the Port Corporation with a designated private sector employer to which this Part applies of the monetary value of long service leave in lieu of an entitlement to that leave accrued as an employee of the Port Corporation before that commencement.