Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 586B

586B Effect of transfer of employee

(1) This section applies if a transfer agreement is entered into under section 586A for the transfer of an employee—

(a) from the department or WorkCover (the
"former employer" ); and

(b) to WorkCover or the department (the
"new employer" ).

(2) From the date of transfer stated in the transfer agreement, the employee—

(a) ceases to be an employee of the former employer; and

(b) is employed by the new employer, under the relevant industrial instrument applying to that employer.

(3) Also, the following applies for the employee—

(a) the employee retains and is entitled to all rights, benefits and entitlements that have accrued to the employee because of the employee’s employment before the transfer;

(b) the employee’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected;

(c) continuity of service is not interrupted, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service;

(d) the employment does not constitute a termination of employment or a retrenchment or redundancy;

(e) the employee is not entitled to a payment or other benefit because he or she is no longer employed by the former employer.

(4) Subsection (5) applies if the total remuneration to which the employee was entitled for the employment with the former employer is higher than the total remuneration payable under the relevant industrial instrument for a person starting in the position with the new employer to which the employee has been transferred.

(5) The employee’s total remuneration must not be increased until the employee’s total remuneration aligns with the total remuneration payable under the relevant industrial instrument to a person who has held the position for the same amount of time.

(6) This section has effect despite any other law or instrument.