22Effect of order transferring employment of employee

22 Effect of order transferring employment of employee

(1)  If an order given under section 21(1) specifies that the employment of a person referred to in the order (the transferred employee) is, on a day specified in the order, transferred from a State-owned electricity entity (the former employer) to another State-owned electricity entity (the new employer) –

(a) the transferred employee ceases, on that day, to be an employee of the former employer and the former employer ceases to be the employer of the transferred employee; and

(b) the transferred employee becomes, on that day, an employee of the new employer and the new employer becomes the employer of the transferred employee.

(2)  A transferred employee –

(a) is taken to have been employed by the new employer on the same terms and conditions as those on which he or she was employed by the former employer; and

(b) except if an award, agreement or law otherwise provides –

(i) retains all entitlements that he or she has accrued as if employment by the new employer were a continuation of employment with the former employer; and

(ii) is entitled to claim those entitlements from the new employer; and

(c) is not entitled to any compensation or other payment in respect of the change of his or her employment by virtue of the order given under section 21(1) that transfers his or her employment.

(3)  An award or agreement that had effect in relation to a person immediately before he or she became a transferred employee continues to have effect in relation to the transferred employee, except if another award or agreement or law that applies in relation to him or her after he or she becomes a transferred employee provides otherwise.

(4)  A period of service, of the transferred employee, with the former employer is to be taken to be the equivalent period of service with the new employer.

(5)  Nothing in this section prevents any of the terms or conditions of employment of a transferred employee being altered by an award, agreement, or law.