23ATransfer of employees

23A Transfer of employees

[Section 23A Inserted by No. 38 of 2022, s. 9, Applied:30 Nov 2022]

(1)  Before the transfer day, the Authority is to give each person who may become a transferred employee a written offer for his or her employment to be transferred to the Authority.

(2)  The written offer is to include –

(a) the position title; and

(b) a general description of the position and its location; and

(c) the salary, benefits and entitlements associated with the position; and

(d) the date, or approximate date, on which that transfer is to take effect.

(3)  The Minister, by notice published in the Gazette, may transfer to or from the Authority such employees as are specified in the notice.

(4)  A person must not be specified in a transfer notice unless that person has agreed, in writing, to the transfer of his or her employment to or from the Authority.

(5)  A transfer notice takes effect on the date specified in the notice.

(6)  On the transfer day, each employee of the transferor who has agreed, in writing, to the transfer of his or her employment to the Authority and is specified in a transfer notice –

(a) becomes an employee of the Authority and the Authority becomes the employer of that person; and

(b) ceases to be employed by the transferor.

(7)  If an employee of the transferor does not agree, in writing, to the transfer of his or her employment to the Authority, that person remains an employee of the transferor.

(8)  On the transfer day, each employee of the Authority who has agreed, in writing, to the transfer of his or her employment to the transfer recipient and is specified in a transfer notice –

(a) becomes an employee of the transfer recipient and the transfer recipient becomes the employer of that person; and

(b) ceases to be employed by the Authority.