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) .

(2)  As soon as practicable after the transfer day is notified in the Gazette under section 5 , 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) .

(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) and (9) , 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.