25ATransfer of services to non-government sector—no severance or redundancy payments if comparable employment offered or not applied for

#### 25A Transfer of services to non-government sector—no severance or redundancy payments if comparable employment offered or not applied for 25A Transfer of services to non-government sector—no severance or redundancy payments if comparable employment offered or not applied for > > (1) A person whose employment in a government sector agency ceases as a result of the transfer to a non-government sector body of any of the services provided by the agency is not entitled to any severance or redundancy payment for that cessation of employment if— > > > > > (a) the person is offered employment by the non-government sector body that is comparable with the person’s employment as a government sector employee, or > > > > > (b) the person fails to apply for any such comparable employment that has been notified to the person as being available. > > > (2) For the purposes of subclause (1), employment by a non-government sector body (the new employment) is comparable with the person’s employment as a government sector employee (the former employment) if— > > > > > (a) the person’s prior service in the government sector is recognised for the purposes of the new employment, and > > > > > (b) the work to be performed by the person under the new employment is similar to the work performed by the person under the former employment, and > > > > > (c) the terms of any industrial instrument or agreement (however described) applying to the new employment are substantially similar to, and (when considered on an overall basis) no less favourable than, the terms of any government sector industrial instrument that applied to the former employment, and > > > > > (d) the new employment does not involve an unreasonable increase in the person’s journey to work. > > > (3) To avoid doubt, subclause (1) does not create an entitlement to any severance or redundancy payment. > > > (4) Subclause (1) is subject to any State industrial instrument and to clause 39. > > > (4A) Subclause (1) does not apply in relation to a person whose employment in a government sector agency is to cease as a result of the transfer to a non-government sector body of any of the services provided by the agency if— > > > > > (a) the non-government sector body was selected before 1 January 2015 by the Government of New South Wales, as a result of a process for the formation of a public-private partnership, to provide those services, and > > > > > (b) the transfer is not authorised by or under an Act, and > > > > > (c) the transfer was not completed before the commencement of this subclause. > > > (5) In this clause— > > > > government sector industrial instrument means any of the following— > > > > > (a) a State industrial instrument, > > > > > > Note. > > > > > > State industrial instrument is defined in the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > > > > (b) a federal industrial instrument within the meaning of section 9A of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), > > > > > (c) a determination made under any Act fixing conditions of employment of government sector employees. > > > > non-government sector body means any of the following— > > > > > (a) a private sector entity (including a not-for-profit sector entity), > > > > > (b) a local council, > > > > > (c) a State owned corporation, > > > > > (d) a public authority or government agency of the Commonwealth or of another State or Territory. > > > > services provided by an agency include functions exercised by the agency. > > **cl 25A:** Ins 2016 (324), Sch 1. Am 2017 (567), cl 3.