Government Owned Corporations (Generator Restructure—CleanCo) Regulation 2019
sec.18Transferring employees
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sec.18 Transferring employees
This section applies if, immediately before the transfer date for a transfer schedule, the transfer schedule identifies an employee of CS Energy. The employee becomes an employee of the recipient entity for the employee, and is no longer an employee of CS Energy, on and from the transfer date. CS Energy and the recipient entity must do all things necessary to enable the employee to become an employee of the recipient entity on and from the transfer date. The transfer of the employee under subsection (2) does not— affect the employee’s benefits, entitlements or remuneration; or prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or constitute a termination of employment by CS Energy or a retrenchment or redundancy; or entitle the employee to a payment or other benefit because he or she is no longer employed by CS Energy; or require CS Energy to make any payment in relation to the employee’s accrued rights to recreation, sick, long service or other leave regardless of any arrangement between CS Energy and the employee. (sec.18-ssec.1) This section applies if, immediately before the transfer date for a transfer schedule, the transfer schedule identifies an employee of CS Energy. (sec.18-ssec.2) The employee becomes an employee of the recipient entity for the employee, and is no longer an employee of CS Energy, on and from the transfer date. (sec.18-ssec.3) CS Energy and the recipient entity must do all things necessary to enable the employee to become an employee of the recipient entity on and from the transfer date. (sec.18-ssec.4) The transfer of the employee under subsection (2) does not— affect the employee’s benefits, entitlements or remuneration; or prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or constitute a termination of employment by CS Energy or a retrenchment or redundancy; or entitle the employee to a payment or other benefit because he or she is no longer employed by CS Energy; or require CS Energy to make any payment in relation to the employee’s accrued rights to recreation, sick, long service or other leave regardless of any arrangement between CS Energy and the employee.
- (a) affect the employee’s benefits, entitlements or remuneration; or
- (b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or
- (c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or