15Arrangements for employees if business sold

15 Arrangements for employees if business sold

(1)  In this section –

transferred employee means a person whose employment with TOTE Tasmania, or a TOTE subsidiary, is transferred by reason of an order made under subsection (2)(a) and the operation of subsection (6) .

(2)  If the Treasurer sells the business of TOTE Tasmania or of a TOTE subsidiary, the Treasurer may, by order provided to TOTE Tasmania or the TOTE subsidiary –

(a) transfer to the purchaser the employment of a person who, immediately before the sale day, was employed by TOTE Tasmania or the TOTE subsidiary for the purposes of that business; or

(b) terminate on any conditions the Treasurer considers appropriate the employment of a person who, immediately before the sale day, was employed by TOTE Tasmania or the TOTE subsidiary for the purposes of that business.

(3)  Before transferring or terminating the employment of a person under subsection (2) , the Treasurer is to consult with the person in any manner the Treasurer considers appropriate including, but not limited to, consultation with the representatives of the person or the employee organisation to which the person belongs.

(4)  In terminating the employment of a person under subsection (2) , the Treasurer is to do so subject to, and in accordance with, any relevant contract, award or agreement.

(5)  On receipt of an order under subsection (2) , TOTE Tasmania or the TOTE subsidiary is to give to each person whose employment is transferred or terminated by the order written notice of that transfer or termination.

(6)  On the sale day, or on the day specified in the order under subsection (2) as the day on which the employment of a person is transferred –

(a) if the order transfers the employment to the purchaser, that person becomes an employee of the purchaser and the purchaser becomes the employer of that person; and

(b) that person ceases to be an employee of TOTE Tasmania or the TOTE subsidiary.