New South Wales Consolidated Regulations
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GOVERNMENT SECTOR EMPLOYMENT REGULATION 2014 - REG 25A
Transfer of services to non-government sector--no severance or redundancy payments if comparable employment offered or not applied for
25A Transfer of services to non-government sector--no severance or redundancy
payments if comparable employment offered or not applied for
(1) A person whose employment in a government sector agency ceases as a result
of the transfer to a non-government sector body of any of the services
provided by the agency is not entitled to any severance or redundancy payment
for that cessation of employment if:
(a) the person is offered employment by
the non-government sector body that is comparable with the person's employment
as a government sector employee, or
(b) the person fails to apply for any
such comparable employment that has been notified to the person as being
(2) For the purposes of subclause (1), employment by a
non-government sector body (the
"new employment" ) is comparable with the person's employment as a government
sector employee (the
"former employment" ) if:
(a) the person's prior service in the government
sector is recognised for the purposes of the new employment, and
(b) the work
to be performed by the person under the new employment is similar to the work
performed by the person under the former employment, and
(c) the terms of any
industrial instrument or agreement (however described) applying to the
new employment are substantially similar to, and (when considered on an
overall basis) no less favourable than, the terms of any
government sector industrial instrument that applied to the former employment,
(d) the new employment does not involve an unreasonable increase in the
person's journey to work.
(3) To avoid doubt, subclause (1) does not create
an entitlement to any severance or redundancy payment.
(4) Subclause (1) is
subject to any State industrial instrument and to clause 39.
(1) does not apply in relation to a person whose employment in a government
sector agency is to cease as a result of the transfer to a
non-government sector body of any of the services provided by the agency if:
(a) the non-government sector body was selected before 1 January 2015 by the
Government of New South Wales, as a result of a process for the formation of a
public-private partnership, to provide those services, and
(b) the transfer
is not authorised by or under an Act, and
(c) the transfer was not completed
before the commencement of this subclause.
(5) In this clause:
"government sector industrial instrument" means any of the following:
State industrial instrument,
"State industrial instrument" is defined in the Interpretation Act 1987 .
(b) a federal industrial instrument within the meaning of section 9A of the
Industrial Relations Act 1996 ,
(c) a determination made under any Act
fixing conditions of employment of government sector employees.
"non-government sector body" means any of the following:
(a) a private sector
entity (including a not-for-profit sector entity),
(b) a local council,
a State owned corporation,
(d) a public authority or government agency of the
Commonwealth or of another State or Territory.
"services provided by an agency" include functions exercised by the agency.
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