sec.265Matters relating to employment

### sec.265 Matters relating to employment This section applies to each person who was employed as a member of the commission’s staff immediately before the commencement, other than a person employed as an executive manager or on a casual basis. On the commencement— the person becomes an employee of the department; and the person stops being an employee of the commission; and the commission’s liability for recreation, sick or long service leave accrued but not taken by the person before the commencement is transferred to the State held in the department; and the commission’s records, to the extent they relate to the person’s employment, become records of the State held in the department. Without limiting subsection (2)(a)— the chief executive is taken to have employed the person as a fixed term temporary employee in the department under the Public Sector Act 2022 , section 150; and the person’s contract of employment with the commission is taken to be a contract of employment between the person and the chief executive and applies with any necessary changes to give effect to the contract. The change of the person’s employer under subsection (2) does not— affect the person’s total remuneration; or interrupt the person’s continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or prejudice the person’s existing or accruing rights to superannuation, or recreation, sick, long service or other leave; or constitute a termination of employment by the commission, retrenchment or redundancy; or entitle the person to a payment or other benefit merely because the person is no longer employed by the commission; or require any payment to be made in relation to the person’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangements between the commission and the person. In this section— executive manager means a senior executive employee with responsibility for managing the commission, subject only to the direction of the board. s 265 ins 2021 No. 12 s 210 amd 2022 No. 34 s 365 sch 3 (sec.265-ssec.1) This section applies to each person who was employed as a member of the commission’s staff immediately before the commencement, other than a person employed as an executive manager or on a casual basis. (sec.265-ssec.2) On the commencement— the person becomes an employee of the department; and the person stops being an employee of the commission; and the commission’s liability for recreation, sick or long service leave accrued but not taken by the person before the commencement is transferred to the State held in the department; and the commission’s records, to the extent they relate to the person’s employment, become records of the State held in the department. (sec.265-ssec.3) Without limiting subsection (2)(a)— the chief executive is taken to have employed the person as a fixed term temporary employee in the department under the Public Sector Act 2022 , section 150; and the person’s contract of employment with the commission is taken to be a contract of employment between the person and the chief executive and applies with any necessary changes to give effect to the contract. (sec.265-ssec.4) The change of the person’s employer under subsection (2) does not— affect the person’s total remuneration; or interrupt the person’s continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or prejudice the person’s existing or accruing rights to superannuation, or recreation, sick, long service or other leave; or constitute a termination of employment by the commission, retrenchment or redundancy; or entitle the person to a payment or other benefit merely because the person is no longer employed by the commission; or require any payment to be made in relation to the person’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangements between the commission and the person. (sec.265-ssec.5) In this section— executive manager means a senior executive employee with responsibility for managing the commission, subject only to the direction of the board. - (a) the person becomes an employee of the department; and - (b) the person stops being an employee of the commission; and - (c) the commission’s liability for recreation, sick or long service leave accrued but not taken by the person before the commencement is transferred to the State held in the department; and - (d) the commission’s records, to the extent they relate to the person’s employment, become records of the State held in the department. - (a) the chief executive is taken to have employed the person as a fixed term temporary employee in the department under the Public Sector Act 2022 , section 150; and - (b) the person’s contract of employment with the commission is taken to be a contract of employment between the person and the chief executive and applies with any necessary changes to give effect to the contract. - (a) affect the person’s total remuneration; or - (b) interrupt the person’s continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or - (c) prejudice the person’s existing or accruing rights to superannuation, or recreation, sick, long service or other leave; or - (d) constitute a termination of employment by the commission, retrenchment or redundancy; or - (e) entitle the person to a payment or other benefit merely because the person is no longer employed by the commission; or - (f) require any payment to be made in relation to the person’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangements between the commission and the person.