15Staff of Sydney Market Authority

15 Staff of Sydney Market Authority

15 Staff of Sydney Market Authority

(1) The employees of the Sydney Market Authority have the rights conferred on them by this section and by any sale agreement in force.

(2) Service with the Sydney Market Authority of an employee of the Sydney Market Authority who becomes an employee of the approved purchaser in accordance with a sale agreement or an order under this Part (including service which is taken to be service with the Sydney Market Authority) is taken to be service with the approved purchaser.

(3) Without limiting subsection (2), any employee of the Sydney Market Authority referred to in that subsection retains any rights to annual leave or long service leave accrued or accruing immediately before becoming an employee of the approved purchaser (except accrued leave for which the employee has, on ceasing to be employed by the Sydney Market Authority, been paid the money value in pursuance of any other entitlement of the employee).

(4) Part 2A of the Public Sector Management Act 1988 applies to any employee of the Sydney Market Authority:

(a) who, immediately before the sale date, was the holder of an executive position under that Part, and

(b) who either:

(i) does not become an employee of the approved purchaser on the sale date, or

(ii) becomes an employee of the approved purchaser on the sale date or within the period of 6 months after the sale date, but ceases to be such an employee before the end of that period,

as if the employee had ceased to be an executive officer as referred to in section 42Q (4) of that Act.

(5) An employee in respect of whom an entitlement arises by virtue of subsection (4) does not become entitled to any further entitlement under that subsection merely because he or she subsequently becomes, and later ceases to be, an employee of the approved purchaser.

(6) For the purpose of determining the entitlement under Part 2A of the Public Sector Management Act 1988 of an employee referred to in subclause (4) (b) (ii), the engagement of the employee with the approved purchaser is taken not to be an engagement in the public sector as referred to in section 42S (8) of that Act.