36General preservation of conditions of employment

36 General preservation of conditions of employment

(1)  A transferred employee –

(a) is to be paid by way of remuneration (excluding any bonus payments) by the transferee an amount per annum no less than the amount he or she received from the transferor per annum (excluding any bonus payments) immediately before becoming a transferred employee; and

(b) is, subject to any determination made under section 35(3) , to be employed by the transferee from the transfer day in accordance with any awards, agreements and determinations which would have applied to him or her had he or she not been transferred but instead remained as an employee of the transferor; and

(c) retains any rights to annual leave, long-service leave, sick leave, and other forms of leave, accrued or accruing during his or her employment with the transferor, and may claim any such entitlements as against the transferee.

(2)  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.