29Terms and conditions—re‑transferred employees

29 Terms and conditions—re‑transferred employees

(1) A person who is a re‑transferred employee is to be engaged by the Commission on terms and conditions that are not less favourable than those that applied to the person, immediately before the employee’s re‑transfer time, as an employee of the nominated company. (2) A reference in subsection (1) to terms and conditions is a reference to terms and conditions that are set out in: (a) a written contract of employment; or (b) a determination in force under subsection 28(2) of the Health Insurance Commission Act 1973 immediately before the employee’s transfer time, to the extent that the determination is relevant to the employee because of subsection 22(1); or (c) 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 (d) 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 (e) 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).