South Australian Current Acts South Australian Current Acts (1) Action must be
taken to ensure that all employees engaged in a business to which a sale/lease
agreement relates are taken over as employees of the purchaser, a company
related to the purchaser or the company acquired by the purchaser under the
sale/lease agreement.
(2) For the purposes
of this section, the Minister may, by order in
writing (an "employee transfer order")—
(a)
transfer employees of an electricity corporation to positions in the
employment of a State-owned company;
(b)
transfer back to an electricity corporation an employee transferred to the
employment of a State-owned company;
(c)
transfer employees of an electricity corporation to positions in the
employment of a purchaser under a sale/lease agreement or a company related to
the purchaser;
(d)
transfer employees of a State-owned company to positions in the employment of
a purchaser under a sale/lease agreement or a company related to the
purchaser.
(3) An
employee transfer order takes effect on the date of the order or on a later
date specified in the order.
(4) An
employee transfer order may be varied or revoked by the Minister by further
order in writing made before the order takes effect.
(5) An
employee transfer order has effect by force of this Act and despite the
provisions of any other law or instrument.
(6) A transfer under
this section does not—
(a)
affect the employee's remuneration; or
(b)
interrupt continuity of service; or
(c)
constitute a retrenchment or redundancy.
(7) Except with the
employee's consent, a transfer under this section must not involve—
(a) any
reduction in the employee's status; or
(b) any
change in the employee's duties that would be unreasonable having regard to
the employee's skills, ability and experience.
(8) However, an
employee's status is not reduced by—
(a) a
reduction of the scope of the business operations for which the employee is
responsible; or
(b) a
reduction in the number of employees under the employee's supervision or
management,
if the employee's functions in their general nature remain the same as, or
similar to, the employee's functions before the transfer.
(9) An employee's
terms and conditions of employment are subject to variation after the transfer
in the same way as before the transfer.
(10) A person whose
employment is transferred from one body (the
"former employer") to another (the "new employer") under this section is taken
to have accrued as an employee of the new employer an entitlement to annual
leave, sick leave and long service leave that is equivalent to the
entitlements that the person had accrued, immediately before the transfer took
effect, as an employee of the former employer.
(11) A transfer under
this section does not give rise to any remedy or entitlement arising from the
cessation or change of employment.
(12) For the purposes
of construing a contract applicable to a person whose employment is
transferred under this section, a reference to the former employer is to be
construed as a reference to the new employer.
(13) A company and a
purchaser are related for the purposes of this section if they are related
bodies corporate within the meaning of the Corporations Law .