22Terms and conditions—transferred employees

22 Terms and conditions—transferred employees

(1) A person who is a transferred employee is taken to have been engaged by the nominated company on the terms and conditions that applied to the person, immediately before the employee’s transfer time, as an employee of the Commission. (2) A reference in subsection (1) to terms and conditions is a reference to terms and conditions that are set out in: (a) a determination under subsection 28(2) of the Health Insurance Commission Act 1973; or (b) an award (as defined by section 4 of the Workplace Relations Act 1996 as in force immediately before the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005); or (c) a certified agreement (as defined by section 4 of the Workplace Relations Act 1996 as in force immediately before the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005); or (d) an Australian Workplace Agreement (as defined by section 4 of the Workplace Relations Act 1996 as in force immediately before the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005); or (e) an old IR agreement within the meaning given by Schedule 7 to the Workplace Agreement 1996.