New South Wales Consolidated Acts

LAND AND PROPERTY INFORMATION NSW (AUTHORISED TRANSACTION) ACT 2016 - SECT 21

21 Transfers of staff to private sector employment

(1) The Treasurer may, for the purposes of the authorised transaction, by order in writing transfer the employment of a relevant employee (a
"transferred employee" ) to the employment of a private sector entity (the
"new employer" ).

(2) A transfer of employment under this section does not require the consent of the relevant employee transferred.

(3) The terms and conditions of employment of a transferred employee with the new employer are--

(a) except in the case of a contract employee--the terms and conditions that applied to the employee under a State industrial instrument as a relevant employee immediately before the transfer of employment, or

(b) in the case of a contract employee--the terms and conditions determined by the Treasurer and specified in the order that transfers the employee's employment.

(4) Those terms and conditions cannot be varied during any employment guarantee period for the transferred employee except by agreement entered into by or on behalf of the transferred employee or in accordance with the Fair Work Act 2009 of the Commonwealth.

(5) The employment of a transferred employee with the new employer cannot be terminated by the new employer during any employment guarantee period for the transferred employee, except--

(a) for serious misconduct, or

(b) pursuant to 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 4 years after the transfer date,

(b) for temporary employees the employment guarantee period is 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 or the period of 4 years after the transfer date, whichever period ends first.

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 section--

"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 his or her employment, for a limited period.

"transfer date" means the date on which the employment of a transferred employee is transferred under this section to the new employer.