sec.82Preservation of rights of transferred employees

### sec.82 Preservation of rights of transferred employees This section applies to the transfer of an employee of a declared entity (the former employer ) to another declared entity (the new employer ) under a transfer notice. The transfer does not— affect the employee’s total remuneration; or prejudice the employee’s existing or accruing rights to superannuation or annual, 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 retrenchment, redundancy or termination of the employee’s employment by the former employer; or entitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or require the former employer to make any payment in relation to the employee’s accrued rights to annual, sick, long service or other leave irrespective of any arrangement between the former employer and the employee. The transfer has effect despite any other contract, law or instrument. In this section— employee , of a declared entity, does not include a member of the entity’s board or a director of the entity. (sec.82-ssec.1) This section applies to the transfer of an employee of a declared entity (the former employer ) to another declared entity (the new employer ) under a transfer notice. (sec.82-ssec.2) The transfer does not— affect the employee’s total remuneration; or prejudice the employee’s existing or accruing rights to superannuation or annual, 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 retrenchment, redundancy or termination of the employee’s employment by the former employer; or entitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or require the former employer to make any payment in relation to the employee’s accrued rights to annual, sick, long service or other leave irrespective of any arrangement between the former employer and the employee. (sec.82-ssec.3) The transfer has effect despite any other contract, law or instrument. (sec.82-ssec.4) In this section— employee , of a declared entity, does not include a member of the entity’s board or a director of the entity. - (a) affect the employee’s total remuneration; or - (b) prejudice the employee’s existing or accruing rights to superannuation or annual, 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 retrenchment, redundancy or termination of the employee’s employment by the former employer; or - (e) entitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or - (f) require the former employer to make any payment in relation to the employee’s accrued rights to annual, sick, long service or other leave irrespective of any arrangement between the former employer and the employee.