(1) On the employee transfer date for a transferred employee, the transferred employee, subject to this Act –
(a) is taken to have been employed by the Department on the same terms and conditions as the employee was employed by the former employer immediately before the employee transfer date for the employee; and
(i) all leave entitlements, other than an entitlement to long service leave, that the employee has accrued while working for the former employer as if the entitlement to the leave were accrued under the State Service Act 2000; and
(ii) all other entitlements that are specified in the transfer notice given to the transferred employee; and
(c) retains all entitlements to the period of long service leave which the employee is, on the employee transfer date for the employee, entitled to take under the Long Service Leave Act 1976.
(2) For the avoidance of doubt, the terms and conditions referred to in subsection (1)(a) include, but are not limited to, terms and conditions relating to –
(a) registration requirements, conditions on practice, scope of practice requirements and requirements for continuing education and training; and
(b) probation, performance management and supervision requirements; and
(c) the basis on which an employee was employed by the former employer, whether permanent, contract or casual; and
(d) the hours to be worked by an employee and the conditions that apply to that work.
(3) For the avoidance of doubt, a transferred employee does not retain, on the employee transfer date for the employee –
(i) any time in lieu, however described, that a transferred employee has accrued while working for the former employer; and
(ii) an entitlement to a period of long service leave in respect of a transferred employee, if, on the employee transfer date for the employee, the employee is not yet entitled to take the leave under the Long Service Leave Act 1976; and
(iii) an entitlement to “on-call” leave, being leave that the employee is entitled to solely on the basis that the employee has participated in the on-call roster while employed by the former employer.
(4) Despite subsections (1) and (3) , a transferred employee is entitled to the equivalent of 0.866 weeks leave for each completed year of continuous employment with the former employer if –
(a) prior to the employee transfer date for the employee, the transferred employee did not take, in respect of those years of continuous employment –
(i) a period of long service leave under the Long Service Leave Act 1976; or
(ii) a payment under the Long Service Leave Act 1976 in lieu of long service leave; and
(b) on the employee transfer date for the employee, the transferred employee –
(i) has not retained an entitlement to a period of long service leave, in accordance with subsection (3)(b) , in respect of those years of continuous employment; and
(ii) did not retain an entitlement to a period of long service leave, under subsection (1)(c) , in respect of those years of continuous employment.
(5) On and from the employee transfer date for a transferred employee, and subject to this Act, the transferred employee –
(a) is entitled to claim, in accordance with the State Service Act 2000, any leave or other entitlement that has been accrued, and retained, by the employee in accordance with –
(i) this Act or the State Service Act 2000; and
(ii) any relevant award, agreement or other Act; and
(b) is not entitled to compensation, or another form of consideration or payment, solely due to the transfer of the employee under this Act; and
(c) is not entitled to seek compensation, or another form of consideration or payment, from the Department or State, in respect of an action taken by the former employer before the employee transfer date for the employee; and
(d) is not entitled to commence legal proceedings, against the Department or State, if the proceedings –
(i) relate to a right or liability that had accrued, and was in existence, immediately before the employee transfer date for the employee; and
(ii) do not relate to a decision of, or action by, the Department or State; and
(iii) if this Act had not commenced, could have been instituted by the transferred employee against the former employer.
(6) For the avoidance of doubt, nothing in subsection (5) prevents a transferred employee from seeking compensation, consideration or payment from, or commencing legal proceedings against, the former employer in respect of actions taken by, or not taken by, the former employer before the employee transfer date for the employee.
Section 10 - North West Maternity (Employee Entitlements) Act 2023 - Continuation of entitlements | Zoe