Government Business Enterprises (Sale) Act 2003
36Arrangements for employees on transfer of business
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36 Arrangements for employees on transfer of business
(1) If the business of a prescribed Government Business Enterprise or a relevant prescribed Government Business Enterprise is transferred to the Crown under section 35 , the Treasurer may, by order provided to that Government Business Enterprise, terminate on any conditions the Treasurer considers appropriate the employment of a person who, immediately before the transfer day, was employed by that Government Business Enterprise for the purpose of that business.
(2) If the business of a prescribed Government Business Enterprise or a relevant prescribed Government Business Enterprise is transferred to the Crown under section 35 , a person employed under the State Service Act 2000 for the purposes of that business immediately before that transfer remains in employment under and subject to the State Service Act 2000 .
(3) In terminating the employment of a person under subsection (1) , the Treasurer is to do so subject to, and in accordance with, any relevant contract, award or agreement.
(4) On receipt of an order under subsection (1) , the prescribed Government Business Enterprise or relevant prescribed Government Business Enterprise is to give to each person whose employment is terminated by the order written notice of that termination.
(5) If an order under subsection (1) terminates the employment of a person employed by a prescribed Government Business Enterprise or a relevant prescribed Government Business Enterprise –
(a) that employment is terminated immediately before the transfer day or on the day specified in the order; and
(b) [Section 36 Subsection (5) amended by No. 54 of 2016, s. 30, Applied:31 Mar 2017] that person is not entitled to any compensation or other payment in respect of the termination of employment except as provided by or under the Public Sector Superannuation Reform Act 2016 , any other law, an award, an agreement or any conditions determined by the Treasurer under subsection (1) .