New South Wales Consolidated Acts

LAND AND PROPERTY INFORMATION NSW (AUTHORISED TRANSACTION) ACT 2016 - SECT 22

22 Continuity of entitlements of transferred employees

(1) On the transfer of an employee's employment from one employer (the
"current employer" ) to another employer (the
"new employer" ) by order under this Part or by a subsequent intra-business transfer, the following provisions have effect:

(a) the employee is entitled to continue as a contributor, member or employee for the purposes of any superannuation scheme in respect of which he or she was a contributor, member or employee (as an employee of the current employer) immediately before the transfer of employment and remains so entitled subject to any variation to that entitlement made either by agreement or otherwise in accordance with law,

(b) the new employer is taken to be an employer for the purposes of any superannuation scheme in respect of which the employee continues as a contributor, member or employee pursuant to an entitlement under this section,

(c) the continuity of the employee's employment is taken not to have been broken by the transfer of employment, and service of the employee with the current employer (including service deemed to be service with the current employer) that is continuous service up to the time of transfer is deemed for all purposes to be service with the new employer,

(d) the employee retains any rights to sick leave, annual leave or extended or long service leave accrued or accruing immediately before the transfer (except accrued leave for which the employee has, on ceasing to be an employee of the current employer, been paid the monetary value in pursuance of any other entitlement of the employee).

(2) A
"subsequent intra-business transfer" is a transfer of employment of a former relevant employee from one employer to another that results in the transferred employee remaining employed in or in connection with the business of providing titling and registry services. A
"former relevant employee" is an employee who was a relevant employee before the employee's initial transfer by order under this Part to employment by a private sector entity.

(3) The Treasurer may in connection with the operation of this Part give a certificate in writing as to the extent of the accrued rights to annual leave, extended or long service leave or sick leave that are retained by the employee under this Part, and such a certificate is evidence of the matters certified.

(4) Nothing in the Long Service Leave Act 1955 prevents payment in connection with the transfer under this Act of the employment of an employee to the employment of a private sector entity of the monetary value of long service leave in lieu of an entitlement to that leave accrued as a relevant employee before the transfer of the employee's employment.

(5) An employee is not entitled in respect of the same period of service to claim a benefit under this Act and another law or instrument.