(Section 36)
In this Schedule:relevant agency means the Department of Infrastructure, Planning and Natural Resources, the Department of Commerce, the Department of Energy, Utilities and Sustainability or the Ministerial Corporation.
2 Transfer of staff to Corporation
(1) The Minister may, by order in writing, transfer to the Corporation such of the staff of a relevant agency as are specified or referred to in the order.(2) The members of staff of a relevant agency who are transferred to the Corporation by such an order are to be regarded for all purposes as having become employees of the Corporation, in accordance with the terms of the order, on a day specified in the order as being the day on which the transfer takes effect.(3) The Minister is to consult with the Minister for Natural Resources before making an order transferring staff of the Department of Infrastructure, Planning and Natural Resources or the Ministerial Corporation.(4) The Minister is to consult with the Minister for Commerce before making an order transferring staff of the Department of Commerce.
3 General saving of conditions of employment
(1) A person who is transferred under this Schedule is (until other provision is duly made under any Act or law) to be continued to be employed in accordance with any awards, agreements and determinations that would have applied to the person if the person had not been transferred but had instead remained as a member of the staff of the relevant agency from which they were transferred.(2) However, nothing in this clause affects the application of section 36 (1) of the State Owned Corporations Act 1989 to the Corporation. Accordingly, the Government and Related Employees Appeal Tribunal Act 1980 does not apply to the Corporation or any subsidiary of the Corporation.
A person who is transferred under this Schedule retains any rights to annual leave, extended service leave, sick leave, and other forms of leave, accrued or accruing in his or her employment with the relevant agency from which the person was transferred.
5 No payment out on transfer or dual benefits
(1) A person who is transferred under this Schedule is not entitled to receive any payment or other benefit merely because the person ceases to be a member of staff of the relevant agency from which the person was transferred.(2) A person who is transferred under this Schedule is not entitled to claim, both under this Act and under any other Act, dual benefits of the same kind for the same period of service.