23BGeneral preservation of conditions of employment

23B General preservation of conditions of employment

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

(1)  Subject to the provisions of the Fair Work Act 2009 of the Commonwealth, a transferred employee –

(a) is to be paid by way of remuneration (excluding any bonus payments) by the transfer recipient an amount per annum no less than the amount that he or she received from the transferor per annum (excluding any bonus payments) immediately before becoming a transferred employee; and

(b) is to receive entitlements and benefits from the transfer recipient that are overall no less favourable than those to which he or she was entitled immediately before becoming a transferred employee; and

(c) retains any rights to annual leave, long-service leave, sick leave, and other forms of leave and time off, accrued or accruing during his or her employment with the transferor, and may claim any such entitlements against the transfer recipient.

(2)  Nothing in this section prevents any of the terms of employment of a transferred employee from being altered by an award, industrial agreement or law after he or she becomes a transferred employee.

(3)  A State Service employee or State Service officer transferred under a transfer order is an employee for the purposes of the Public Sector Superannuation Reform Act 2016.

(4)  The Authority must comply with any instruction in relation to superannuation given to it by the Minister administering the Public Sector Superannuation Reform Act 2016.

(5)  The Authority is to make adequate provision to meet any liability that it may have under the Public Sector Superannuation Reform Act 2016 to pay pension and other benefits in respect of all applicable transferred employees.