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LAND AND PROPERTY INFORMATION NSW (AUTHORISED TRANSACTION) ACT 2016 - SECT 21
Transfers of staff to private sector employment
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.
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