10Arrangements for employees affected by sale of business

10 Arrangements for employees affected by sale of business

(1)  If the Treasurer sells the business of a prescribed Government Business Enterprise under section 7(1) , the Treasurer may, by order provided to the prescribed Government Business Enterprise –

(a) transfer to the purchaser the employment of a person who, immediately before the business sale date, was employed by the prescribed Government Business Enterprise or under the State Service Act 2000 for the purposes of that business; or

(b) terminate on any conditions the Treasurer considers appropriate the employment of a person who, immediately before the business sale date, was employed by the prescribed Government Business Enterprise for the purposes of that business.

(2)  If a person employed under the State Service Act 2000 for the purposes of a prescribed Government Business Enterprise does not have his or her employment transferred in accordance with subsection (1)(a) , that person remains in employment under and subject to the State Service Act 2000 .

(3)  Before transferring or terminating the employment of a person under subsection (1) , the Treasurer is to consult with the person in any manner the Treasurer considers appropriate including, but not limited to, consultation with the representatives of the person or the employee organisation to which the person belongs.

(4)  In terminating the employment of a person under subsection (1)(b) , the Treasurer is to do so subject to, and in accordance with, any relevant contract, award or agreement.

(5)  On receipt of an order under subsection (1) , the prescribed Government Business Enterprise is to give to each person whose employment is transferred or terminated by the order written notice of that transfer or termination.

(6)  On the sale of the business of the prescribed Government Business Enterprise, or on the day specified in the order under subsection (1) as the day on which the employment of a person is transferred –