sec.47Transfer of employees

### sec.47 Transfer of employees This section applies to a person (a transferring employee ) who, immediately before the commencement, was— a public service employee employed by the department; and mentioned in a register of transferees approved by the chief executive. Subject to subsections (3) to (5) and section 48, the transferring employee becomes a member of the commission’s staff as if the person had been employed under section 30. To the extent an industrial instrument applied in relation to the transferring employee immediately before the commencement, the instrument is taken to apply to the commission in place of the department. To the extent a fixed term contract was in effect in relation to the transferring employee immediately before the commencement, nothing in this part affects the operation of the fixed term contract. The transfer of the transferring employee’s employment to the commission does not— affect the employee’s benefits, entitlements or remuneration; or prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or constitute a termination of employment by the department or a retrenchment or redundancy; or entitle the employee to a payment or other benefit from the State because the employee is no longer employed by the department. Subsection (3) stops applying if an industrial instrument is made after the commencement that applies to the transferring employee and the commission. In this section— industrial instrument see the Industrial Relations Act 2016 , schedule 5. (sec.47-ssec.1) This section applies to a person (a transferring employee ) who, immediately before the commencement, was— a public service employee employed by the department; and mentioned in a register of transferees approved by the chief executive. (sec.47-ssec.2) Subject to subsections (3) to (5) and section 48, the transferring employee becomes a member of the commission’s staff as if the person had been employed under section 30. (sec.47-ssec.3) To the extent an industrial instrument applied in relation to the transferring employee immediately before the commencement, the instrument is taken to apply to the commission in place of the department. (sec.47-ssec.4) To the extent a fixed term contract was in effect in relation to the transferring employee immediately before the commencement, nothing in this part affects the operation of the fixed term contract. (sec.47-ssec.5) The transfer of the transferring employee’s employment to the commission does not— affect the employee’s benefits, entitlements or remuneration; or prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or constitute a termination of employment by the department or a retrenchment or redundancy; or entitle the employee to a payment or other benefit from the State because the employee is no longer employed by the department. (sec.47-ssec.6) Subsection (3) stops applying if an industrial instrument is made after the commencement that applies to the transferring employee and the commission. (sec.47-ssec.7) In this section— industrial instrument see the Industrial Relations Act 2016 , schedule 5. - (a) a public service employee employed by the department; and - (b) mentioned in a register of transferees approved by the chief executive. - (a) affect the employee’s benefits, entitlements or remuneration; or - (b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or - (c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or - (d) constitute a termination of employment by the department or a retrenchment or redundancy; or - (e) entitle the employee to a payment or other benefit from the State because the employee is no longer employed by the department.