sec.15Pilotage service contracts

sec.15 Pilotage service contracts

This section applies to a contract in force immediately before the commencement of this section if the contract was— a contract for services entered into by the department or a port authority for the supply of a pilotage service; or a written or oral employment contract entered into by a port authority with an employee engaged to perform a pilotage service. On the commencement— for a contract for services— MSQ takes the place of the department or port authority as a party to the contract; and the contract may be enforced by or against MSQ; and for an employment contract— the person becomes an employee of MSQ on the same conditions on which the person was employed by the port authority; and the person keeps all rights and entitlements accrued or accruing to the person as an employee of the port authority. long service, recreation and sick leave and rights as a member of a superannuation scheme Without limiting subsection (2)(b), if an industrial instrument applies to the person immediately before the commencement, the instrument continues to apply to the person after the commencement. Subsection (3) has effect subject to the Industrial Relations Act 1999 . Compensation is not recoverable from the chief executive, the State or anyone else in relation to the transfer from a port authority to MSQ of the rights and obligations under a contract to which this section applies. This section does not apply to a contract, prescribed under a regulation, that provides for the transfer of a pilot onto or off a ship. In this section— contract , for a contract that only partly relates to a pilotage service, means that part of the contract that relates to a pilotage service. (sec.15-ssec.1) This section applies to a contract in force immediately before the commencement of this section if the contract was— a contract for services entered into by the department or a port authority for the supply of a pilotage service; or a written or oral employment contract entered into by a port authority with an employee engaged to perform a pilotage service. (sec.15-ssec.2) On the commencement— for a contract for services— MSQ takes the place of the department or port authority as a party to the contract; and the contract may be enforced by or against MSQ; and for an employment contract— the person becomes an employee of MSQ on the same conditions on which the person was employed by the port authority; and the person keeps all rights and entitlements accrued or accruing to the person as an employee of the port authority. long service, recreation and sick leave and rights as a member of a superannuation scheme (sec.15-ssec.3) Without limiting subsection (2)(b), if an industrial instrument applies to the person immediately before the commencement, the instrument continues to apply to the person after the commencement. (sec.15-ssec.4) Subsection (3) has effect subject to the Industrial Relations Act 1999 . (sec.15-ssec.5) Compensation is not recoverable from the chief executive, the State or anyone else in relation to the transfer from a port authority to MSQ of the rights and obligations under a contract to which this section applies. (sec.15-ssec.6) This section does not apply to a contract, prescribed under a regulation, that provides for the transfer of a pilot onto or off a ship. (sec.15-ssec.7) In this section— contract , for a contract that only partly relates to a pilotage service, means that part of the contract that relates to a pilotage service.