New South Wales Consolidated Acts

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Preservation of entitlements of staff members

354D Preservation of entitlements of staff members

(1) If a staff transfer occurs, the employment of--
(a) a transferred staff member, and
(b) in the case of a boundary alteration--
(i) a remaining staff member of the transferor council, and
(ii) an existing staff member of the transferee council,
other than a senior staff member, continues on the same terms and conditions that applied to the staff member immediately before the transfer day, subject to section 354E.
(2) Subsection (1) applies until other provision is duly made under any Act or law.
(3) Neither the contract of employment nor the period of employment of a transferred staff member is taken to have been broken by the transfer for the purposes of any law, award or agreement relating to the employment of that staff member.
(4) A transferred staff member is not entitled to receive any payment or other benefit merely because the staff member ceases to be a staff member of the former council.
(5) The transfer of a transferred staff member does not affect any accrued rights the staff member had immediately before the transfer, including in relation to recreation leave, sick leave, long service leave and superannuation, but does not entitle the staff member to claim dual benefits of the same kind for the same period of service.

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