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,