12Existing staff of Trust to be transferred

12 Existing staff of Trust to be transferred

(1)  On the incorporation day, the employment of all MTT employees is terminated and they become employees of the Company.

(2)  On the incorporation day –

(a) the Company becomes the employer of each MTT employee; and

(b) each such employee ceases to be a State Service employee and the Tasmanian State Service Act 1984 ceases to apply to that employee –

but compensation is not payable to the employee by reason of that fact.

(3)  An MTT employee –

(a) is taken to have been employed by the Company for the same remuneration as he or she was receiving immediately before the incorporation day; and

(b) except where an award, agreement or any other law otherwise provides, retains all existing and accrued rights relating to leave as if service as an employee of the Company were a continuation of his or her service under the Tasmanian State Service Act 1984 ; and

(c) may claim those rights against the Company.

(4)  The period of service of an MTT employee under the Tasmanian State Service Act 1984 is taken to be service as an employee of the Company.

(5)  Nothing in subsection (1) or (2) prevents any of the terms or conditions of employment of an MTT employee being altered by an award, agreement or any other law having effect after the incorporation day.

(6)  The Long Service Leave (State Employees) Act 1994 continues to apply to an MTT employee unless he or she, by notice in writing given to the Company, elects that that Act is not to apply to him or her.