16Transfers to private sector employment

16 Transfers to private sector employment

16 Transfers to private sector employment

(1) The Treasurer may, for the purposes of an authorised transaction, by order in writing transfer the employment of an employee of a port SOC or transaction entity (a transferred employee) to the employment of an employer in the private sector (the new employer).

(2) The transfer of the employment of an employee under this section requires the consent of the employee unless the employee is a contract employee (in which case the employee’s employment can be transferred with or without the employee’s consent).

(3) The employment of a transferred employee with the new employer is to be on the same terms and conditions as applied to the employee as an employee of the relevant port SOC or transaction entity immediately before the transfer date.

(4) Those terms and conditions cannot be varied during any employment guarantee period for the transferred employee except by agreement entered into by or on behalf of the transferred employee.

(5) The employment of a transferred employee with the new employer cannot be terminated by the new employer during any employment guarantee period for the transferred employee, except—

(a) for serious misconduct, or

(b) pursuant to the proper application of reasonable disciplinary procedures, or

(c) by agreement with the employee.

(6) There is an employment guarantee period for transferred employees who are permanent or temporary employees, as follows—

(a) for permanent employees the employment guarantee period is 2 years after the transfer date,

(b) for temporary employees the employment guarantee period is the remainder of the employee’s current term of employment (as specified in the arrangements under which the employee was engaged as a temporary employee) immediately before the transfer date or the period of 2 years after the transfer date, whichever period ends first.

Note—

There is no employment guarantee period for contract employees or casual employees. The employment of a transferred employee who is a contract employee remains governed by the contract of employment.

(7) In this section—

casual employee means an employee whose employment is in a category of employment that is described in or classified under a relevant award as casual employment or who is otherwise engaged as a casual employee.