sec.125Rights and entitlements of particular employees

### sec.125 Rights and entitlements of particular employees This section applies to a person who— becomes an employee of the employing office; and was an employee of the corporation— immediately before the commencement of this section; and immediately before becoming an employee of the employing office. On becoming an employee of the employing office, the person is taken to be employed under section 31G on the conditions on which the person would have been employed by the corporation, immediately before the person became an employee of the employing office, if the corporation had never become an employer under the Workplace Relations Act 1996 (Cwlth) . Also— the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that— have accrued or were accruing to the person as an employee of the corporation; and would have accrued to the person if the corporation had never become an employer under the Workplace Relations Act 1996 (Cwlth) ; and if the person is a member of a superannuation scheme— the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and the person’s membership of the scheme is not affected. Without limiting subsection (3), for working out the person’s rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, employment of the person by the employing office is a continuation of employment of the person by the corporation. Subsection (2) does not limit section 31G(3) and (4). s 125 ins 2007 No. 20 s 94 (sec.125-ssec.1) This section applies to a person who— becomes an employee of the employing office; and was an employee of the corporation— immediately before the commencement of this section; and immediately before becoming an employee of the employing office. (sec.125-ssec.2) On becoming an employee of the employing office, the person is taken to be employed under section 31G on the conditions on which the person would have been employed by the corporation, immediately before the person became an employee of the employing office, if the corporation had never become an employer under the Workplace Relations Act 1996 (Cwlth) . (sec.125-ssec.3) Also— the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that— have accrued or were accruing to the person as an employee of the corporation; and would have accrued to the person if the corporation had never become an employer under the Workplace Relations Act 1996 (Cwlth) ; and if the person is a member of a superannuation scheme— the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and the person’s membership of the scheme is not affected. (sec.125-ssec.4) Without limiting subsection (3), for working out the person’s rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, employment of the person by the employing office is a continuation of employment of the person by the corporation. (sec.125-ssec.5) Subsection (2) does not limit section 31G(3) and (4). - (a) becomes an employee of the employing office; and - (b) was an employee of the corporation— (i) immediately before the commencement of this section; and (ii) immediately before becoming an employee of the employing office. - (i) immediately before the commencement of this section; and - (ii) immediately before becoming an employee of the employing office. - (i) immediately before the commencement of this section; and - (ii) immediately before becoming an employee of the employing office. - (a) the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that— (i) have accrued or were accruing to the person as an employee of the corporation; and (ii) would have accrued to the person if the corporation had never become an employer under the Workplace Relations Act 1996 (Cwlth) ; and - (i) have accrued or were accruing to the person as an employee of the corporation; and - (ii) would have accrued to the person if the corporation had never become an employer under the Workplace Relations Act 1996 (Cwlth) ; and - (b) if the person is a member of a superannuation scheme— (i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and (ii) the person’s membership of the scheme is not affected. - (i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and - (ii) the person’s membership of the scheme is not affected. - (i) have accrued or were accruing to the person as an employee of the corporation; and - (ii) would have accrued to the person if the corporation had never become an employer under the Workplace Relations Act 1996 (Cwlth) ; and - (i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and - (ii) the person’s membership of the scheme is not affected.