24Arrangements for employees of port company to transfer to Corporation

### 24 Arrangements for employees of port company to transfer to Corporation > > (1)  In this section – > > > > > ***transferred employee*** means a person who becomes the employee of the Corporation on the transfer day by the operation of [subsection (4)](#GS24@Gs4@EN) . > > > (2)  As soon as practicable after the transfer day is notified in the *Gazette* under [section 5](#GS5@EN) , the Corporation is to give to each port company written notice of the date of the transfer day. > > > (3)  As soon as practicable after receiving notice of the date of the transfer day, each port company is to give to each of its employees written notice that his or her employment is to be transferred on that date to the Corporation by the operation of [subsection (4)](#GS24@Gs4@EN) . > > > (4)  On the transfer day, a person who is an employee of a port company – > > > > > > (a) becomes an employee of the Corporation and the Corporation becomes the employer of that person; and > > > > > > > (b) that person ceases to be an employee of the port company. > > > (5)  A transferred employee – > > > > > > (a) is to be employed by the Corporation for not less than the same remuneration as he or she was receiving immediately before becoming a transferred employee; and > > > > > > > (b) except where an award, industrial agreement or any other law otherwise provides, retains all accrued entitlements as if employment as an employee of the Corporation were a continuation of employment with the port company; and > > > > > > > (c) is entitled to claim those entitlements against the Corporation; and > > > > > > > (d) is not entitled to any compensation or other payment in respect of the change of employer or any change in his or her position description, title, role or duties that results from the change in his or her employment from a port company to the Corporation. > > > (6)  Subject to [subsections (8)](#GS24@Gs8@EN) and [(9)](#GS24@Gs9@EN) , a contract of employment that had effect in relation to a person immediately before the person became a transferred employee continues to have effect in relation to the person as a transferred employee. > > > (7)  The period of service with a port company of a person who becomes a transferred employee is taken to be service with the Corporation. > > > (8)  A chief executive officer of a port company whose employment is transferred to the Corporation by the operation of [subsection (4)](#GS24@Gs4@EN) is not transferred to the position of chief executive officer of the Corporation unless the Board has appointed him or her to that position. > > > (9)  Before, or as soon as practicable after, the employment of a person is transferred to the Corporation by the operation of [subsection (4)](#GS24@Gs4@EN) , the Corporation by written notice provided to the person may determine position description, title, role or duties for the position to be occupied, or occupied, by the person in the Corporation that is different from his or her position description, title, role or duties in the port company. > > > (10)  Nothing in this section prevents any of the terms of employment of a transferred employee being altered by an award, industrial agreement or law after he or she becomes a transferred employee.