sec.169Meaning of suitable alternative employment

sec.169 Meaning of suitable alternative employment

Alternative employment offered to a person by a future employer is suitable alternative employment only if the following conditions are satisfied— the person’s employment entitlements are continued under the alternative employment; either— the person and the previous employer have agreed the alternative employment is the same or substantially the same as the person’s previous employment with the employer; or the Industrial Relations Commission has decided the alternative employment is the same or substantially the same as the person’s previous employment; if, on the offer day, the person is a member of a superannuation scheme and the future employer is a subsidiary of a GOC— the person’s membership in the scheme is not affected; and the employer makes, or agrees to make, the superannuation contributions the employer is required to make for the person to the scheme for the benefit of the person. Subsection (1) (c) does not apply if the person and future employer enter into an agreement about the superannuation arrangements for the person. In this section— offer day , for a person to whom alternative employment is offered, means the day the alternative employment is offered to the person. (sec.169-ssec.1) Alternative employment offered to a person by a future employer is suitable alternative employment only if the following conditions are satisfied— the person’s employment entitlements are continued under the alternative employment; either— the person and the previous employer have agreed the alternative employment is the same or substantially the same as the person’s previous employment with the employer; or the Industrial Relations Commission has decided the alternative employment is the same or substantially the same as the person’s previous employment; if, on the offer day, the person is a member of a superannuation scheme and the future employer is a subsidiary of a GOC— the person’s membership in the scheme is not affected; and the employer makes, or agrees to make, the superannuation contributions the employer is required to make for the person to the scheme for the benefit of the person. (sec.169-ssec.2) Subsection (1) (c) does not apply if the person and future employer enter into an agreement about the superannuation arrangements for the person. (sec.169-ssec.3) In this section— offer day , for a person to whom alternative employment is offered, means the day the alternative employment is offered to the person.

• (a) the person’s employment entitlements are continued under the alternative employment;
• (b) either— (i) the person and the previous employer have agreed the alternative employment is the same or substantially the same as the person’s previous employment with the employer; or (ii) the Industrial Relations Commission has decided the alternative employment is the same or substantially the same as the person’s previous employment;