21Orders transferring employment of employees

21 Orders transferring employment of employees

(1)  The Treasurer, by order in writing given to a State-owned electricity entity, may transfer the employment of an employee of the State-owned electricity entity to another State-owned electricity entity specified in the order.

(2)  The Treasurer may give more than one order under subsection (1) in relation to one or more employees.

(3)  Before transferring the employment of an employee of a State-owned electricity entity, the Treasurer, or a person authorised by the Treasurer, is to consult with the employee.

(4)  The consultation with the employee may be in any manner the Treasurer, or a person authorised by the Treasurer, thinks fit, including, but not limited to including, consultation with the employee, a representative of the person or a representative of the employee organisation of which the person is a member.

(5)  Despite subsection (4) , consultation with an employee may not be inconsistent with –

(a) any award, or agreement, that applies in relation to the employee under a law of a State, a Territory or the Commonwealth; or

(b) any law of a State, a Territory or the Commonwealth that applies in relation to the employee.

(6)  A State-owned electricity entity that is given an order under subsection (1) is to give to each person whose employment is transferred by the order written notice of the transferral.

(7)  The Treasurer, by order in writing given to a State-owned electricity entity, may amend or revoke an order under subsection (1) .

(8)  If the Treasurer amends an order under subsection (1) by an order under subsection (7) , the order under subsection (7) is to be taken to have taken effect at the same time as the order under subsection (1) .

(9)  If the Treasurer revokes an order under subsection (1) by an order under subsection (7) , the order under subsection (1) is to be taken to have never been in force.