sec.108ACRights of transferred employees etc.

### sec.108AC Rights of transferred employees etc. This section applies if there is a transfer of an employee (a transferred employee ) from a relevant entity (the transferor ) to another relevant entity (the transferee ) under a transfer regulation made under section 108AB . The transfer does not— reduce the transferred employee’s total remuneration; or prejudice the transferred employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or affect a right or entitlement of the transferred employee to be employed as a public service employee accrued— immediately before the commencement of this section; or before, on or after the commencement of this section; or before, on or after the commencement of this section under the Public Sector Act 2022 , section 156 ; or interrupt continuity of service, except that the transferred employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or constitute a termination, retrenchment or redundancy of the transferred employee’s employment by the transferor; or entitle the transferred employee to a payment or other benefit merely because he or she is no longer employed by the transferor; or require the transferor to make any payment to the transferred employee for the transferred employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the transferor and the transferred employee. The transfer has effect despite any other contract, law or instrument. If the transfer regulation provides for the application of a particular industrial instrument to an employee of the transferee (other than a transferred employee), the provision does not reduce the employee’s total remuneration. s 108AC ins 2014 No. 56 s 66 amd 2022 No. 34 s 365 sch 3 (sec.108AC-ssec.1) This section applies if there is a transfer of an employee (a transferred employee ) from a relevant entity (the transferor ) to another relevant entity (the transferee ) under a transfer regulation made under section 108AB . (sec.108AC-ssec.2) The transfer does not— reduce the transferred employee’s total remuneration; or prejudice the transferred employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or affect a right or entitlement of the transferred employee to be employed as a public service employee accrued— immediately before the commencement of this section; or before, on or after the commencement of this section; or before, on or after the commencement of this section under the Public Sector Act 2022 , section 156 ; or interrupt continuity of service, except that the transferred employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or constitute a termination, retrenchment or redundancy of the transferred employee’s employment by the transferor; or entitle the transferred employee to a payment or other benefit merely because he or she is no longer employed by the transferor; or require the transferor to make any payment to the transferred employee for the transferred employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the transferor and the transferred employee. (sec.108AC-ssec.3) The transfer has effect despite any other contract, law or instrument. (sec.108AC-ssec.4) If the transfer regulation provides for the application of a particular industrial instrument to an employee of the transferee (other than a transferred employee), the provision does not reduce the employee’s total remuneration. - (a) reduce the transferred employee’s total remuneration; or - (b) prejudice the transferred employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or - (c) affect a right or entitlement of the transferred employee to be employed as a public service employee accrued— (i) immediately before the commencement of this section; or (ii) before, on or after the commencement of this section; or (iii) before, on or after the commencement of this section under the Public Sector Act 2022 , section 156 ; or - (i) immediately before the commencement of this section; or - (ii) before, on or after the commencement of this section; or - (iii) before, on or after the commencement of this section under the Public Sector Act 2022 , section 156 ; or - (d) interrupt continuity of service, except that the transferred employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or - (e) constitute a termination, retrenchment or redundancy of the transferred employee’s employment by the transferor; or - (f) entitle the transferred employee to a payment or other benefit merely because he or she is no longer employed by the transferor; or - (g) require the transferor to make any payment to the transferred employee for the transferred employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the transferor and the transferred employee. - (i) immediately before the commencement of this section; or - (ii) before, on or after the commencement of this section; or - (iii) before, on or after the commencement of this section under the Public Sector Act 2022 , section 156 ; or