233Transfer of employees to National Heavy Vehicle Regulator

#### 233 Transfer of employees to National Heavy Vehicle Regulator 233 Transfer of employees to National Heavy Vehicle Regulator > > (1) The Minister may, by written order, transfer the employment of a relevant employee (a transferred employee) to the employment of the National Heavy Vehicle Regulator. > > > (2) A transfer of employment under this clause does not require the consent of the transferred employee. > > > (3) The terms and conditions of employment of a transferred employee with the National Heavy Vehicle Regulator are— > > > > > (a) for a contract employee—the terms and conditions determined by the Minister and specified in the order that transfers the employee’s employment, or > > > > > (b) otherwise—the terms and conditions that applied to the employee under a State industrial instrument, including under local arrangements, if any, approved in accordance with the industrial instrument, as a relevant employee immediately before the transfer of employment. > > > (4) The terms and conditions cannot be varied during an employment guarantee period for the transferred employee except— > > > > > (a) by agreement entered into by or on behalf of a majority of the transferred employees, or > > > > > (b) in accordance with the industrial instrument or the terms of local arrangements, if any, approved in accordance with the industrial instrument. > > > (5) The employment of a transferred employee with the National Heavy Vehicle Regulator cannot be terminated by the National Heavy Vehicle Regulator during an employment guarantee period for the transferred employee, except— > > > > > (a) for serious misconduct, or > > > > > (b) as a result of the proper application of reasonable disciplinary procedures, or > > > > > (c) by agreement with the employee. > > > (6) There is an employment guarantee period for transferred employees who are permanent or temporary employees, as follows— > > > > > (a) for permanent employees—the employment guarantee period is 2 years after the transfer date, > > > > > (b) for temporary employees—the employment guarantee period is the shorter of the following periods— > > > > > > > (i) the remainder of the employee’s current term of employment, as specified in the arrangements under which the employee was engaged as a temporary employee, immediately before the transfer date, > > > > > > > (ii) the period of 2 years after the transfer date. > > > > Note— > > > > There is no employment guarantee period for contract employees or casual employees. The employment of a transferred employee who is a contract employee remains governed by the contract of employment. > > > (7) In this clause— > > > > casual employee means an employee whose employment is in a category of employment that is described in or classified under a State industrial instrument as casual employment or who is otherwise engaged as a casual employee. > > > > contract employee means an employee whose terms and conditions of employment are provided by an individual contract and not by a State industrial instrument. > > > > permanent employee means an employee whose employment is of indefinite duration and who is not a casual employee, temporary employee or contract employee. > > > > temporary employee means an employee, other than a casual employee or contract employee, whose employment is in a category of employment that is described in or classified under a State industrial instrument as temporary employment or whose employment is, under the terms of the person’s employment, for a limited period. > > > > transfer date means the date on which the employment of a transferred employee is transferred under this clause to the National Heavy Vehicle Regulator.