sec.12HPreservation of rights of transferred employees

sec.12H Preservation of rights of transferred employees

The transfer of a transferred employee to the new employer for the transferred employee does not— subject to subsection (2) , affect the employee’s total remuneration; or prejudice the employee’s existing or accruing rights to superannuation or annual, sick or long service 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 subject to subsection (3) — constitute a retrenchment, redundancy or termination of the employee’s employment by the State; or entitle the employee to a payment or other benefit because the employee is no longer employed by the State; or require the State to make any payment to the employee in relation to the employee’s accrued rights to annual, sick or long service leave irrespective of any arrangement between the State and the employee. A transferred administration employee’s total remuneration on the employee’s transfer from the State to the new employer for the employee may be equal to or greater than the employee’s total remuneration immediately before the transfer. Subsection (1) (d) applies to a transferred pilot subject to the Fair Work Act . Subsection (5) applies if a transferred employee is a transferred pilot or a pilot transfer crew member. Subject to the Fair Work Act , an industrial instrument applying to the transferred employee immediately before the transfer day continues to apply to the employee after the transfer day. In this section— industrial instrument includes a federal industrial instrument under the Industrial Relations Act 2016 . s 12H ins 2013 No. 40 s 9 amd 2016 No. 63 s 1157 sch 6 (sec.12H-ssec.1) The transfer of a transferred employee to the new employer for the transferred employee does not— subject to subsection (2) , affect the employee’s total remuneration; or prejudice the employee’s existing or accruing rights to superannuation or annual, sick or long service 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 subject to subsection (3) — constitute a retrenchment, redundancy or termination of the employee’s employment by the State; or entitle the employee to a payment or other benefit because the employee is no longer employed by the State; or require the State to make any payment to the employee in relation to the employee’s accrued rights to annual, sick or long service leave irrespective of any arrangement between the State and the employee. (sec.12H-ssec.2) A transferred administration employee’s total remuneration on the employee’s transfer from the State to the new employer for the employee may be equal to or greater than the employee’s total remuneration immediately before the transfer. (sec.12H-ssec.3) Subsection (1) (d) applies to a transferred pilot subject to the Fair Work Act . (sec.12H-ssec.4) Subsection (5) applies if a transferred employee is a transferred pilot or a pilot transfer crew member. (sec.12H-ssec.5) Subject to the Fair Work Act , an industrial instrument applying to the transferred employee immediately before the transfer day continues to apply to the employee after the transfer day. (sec.12H-ssec.6) In this section— industrial instrument includes a federal industrial instrument under the Industrial Relations Act 2016 .