sec.55Rights of transferred employees etc.

### sec.55 Rights of transferred employees etc. This section applies if there is a transfer of an employee (a transferred employee ) from a relevant TAFE entity (the transferor ) to another relevant TAFE entity (the transferee ) under a transfer regulation. The transfer does not— reduce the transferred employee’s total remuneration; or prejudice the transferred employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or affect a right or entitlement of the transferred employee to be employed as a public service employee accrued— immediately before the commencement under former section 220X (4) ; or before, on or after the commencement under the Public Sector Act 2022 , section 156 ; or interrupt continuity of service, including continuity of service under former section 220W (4) , except that the transferred employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or constitute a termination, retrenchment or redundancy of the transferred employee’s employment by the transferor; or entitle the transferred employee to a payment or other benefit merely because he or she is no longer employed by the transferor; or require the transferor to make any payment for the transferred employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the transferor and the transferred employee. The transfer has effect despite any other contract, law or instrument. If the transfer regulation provides for the application of a particular industrial instrument to an employee of the transferee other than a transferred employee, the provision does not reduce the other employee’s total remuneration. In this section— commencement means the day this section commences. former section 220W(4) means the VETE Act , section 220W (4) as in force immediately before the commencement. former section 220X(4) means the VETE Act , section 220X (4) as in force immediately before the commencement. s 55 amd 2022 No. 34 s 365 sch 3 (sec.55-ssec.1) This section applies if there is a transfer of an employee (a transferred employee ) from a relevant TAFE entity (the transferor ) to another relevant TAFE entity (the transferee ) under a transfer regulation. (sec.55-ssec.2) The transfer does not— reduce the transferred employee’s total remuneration; or prejudice the transferred employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or affect a right or entitlement of the transferred employee to be employed as a public service employee accrued— immediately before the commencement under former section 220X (4) ; or before, on or after the commencement under the Public Sector Act 2022 , section 156 ; or interrupt continuity of service, including continuity of service under former section 220W (4) , except that the transferred employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or constitute a termination, retrenchment or redundancy of the transferred employee’s employment by the transferor; or entitle the transferred employee to a payment or other benefit merely because he or she is no longer employed by the transferor; or require the transferor to make any payment for the transferred employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the transferor and the transferred employee. (sec.55-ssec.3) The transfer has effect despite any other contract, law or instrument. (sec.55-ssec.4) If the transfer regulation provides for the application of a particular industrial instrument to an employee of the transferee other than a transferred employee, the provision does not reduce the other employee’s total remuneration. (sec.55-ssec.5) In this section— commencement means the day this section commences. former section 220W(4) means the VETE Act , section 220W (4) as in force immediately before the commencement. former section 220X(4) means the VETE Act , section 220X (4) as in force immediately before the commencement. - (a) reduce the transferred employee’s total remuneration; or - (b) prejudice the transferred employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or - (c) affect a right or entitlement of the transferred employee to be employed as a public service employee accrued— (i) immediately before the commencement under former section 220X (4) ; or (ii) before, on or after the commencement under the Public Sector Act 2022 , section 156 ; or - (i) immediately before the commencement under former section 220X (4) ; or - (ii) before, on or after the commencement under the Public Sector Act 2022 , section 156 ; or - (d) interrupt continuity of service, including continuity of service under former section 220W (4) , except that the transferred employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or - (e) constitute a termination, retrenchment or redundancy of the transferred employee’s employment by the transferor; or - (f) entitle the transferred employee to a payment or other benefit merely because he or she is no longer employed by the transferor; or - (g) require the transferor to make any payment for the transferred employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the transferor and the transferred employee. - (i) immediately before the commencement under former section 220X (4) ; or - (ii) before, on or after the commencement under the Public Sector Act 2022 , section 156 ; or