Electricity Network Assets (Authorised Transactions) Act 2015 No 5
Part 4 Arrangements for transfer of staff
In this Part, networks employee means an employee of an electricity network SOC and includes a person who was an employee of an electricity network SOC immediately before the person’s employment was transferred under this Part to the employment of another public sector agency.
20 Transfers within public sector
(1) The Treasurer may, for the purposes of an authorised transaction, by order in writing transfer the employment of a networks employee to the employment of another public sector agency.(2) A transfer of employment under this section does not require the consent of the person transferred.(3) An employee whose employment is transferred under this section is (until other provision is duly made under any Act or law) to be employed in accordance with any relevant statutory provisions, awards, agreements and determinations that would have applied to the employee had the employee remained an employee of the electricity network SOC concerned.(4) The Treasurer may negotiate and enter into agreements or industrial instruments concerning workplace relations for or on behalf of a public sector agency in connection with the operation of this section.
21 Transfers to private sector employment
(1) The Treasurer may, for the purposes of an authorised transaction, by order in writing transfer the employment of a networks employee (a transferred employee) to the employment of a private sector entity (the new employer).(2) A transfer of employment under this section does not require the consent of the networks employee transferred.(3) The employment of a transferred employee with the new employer is to be on the same terms and conditions as applied to the employee as a networks employee immediately before the transfer of employment.
22 Arrangements for transferred employees
(1) On the transfer by order under this Part of an employee’s employment from one employer (the current employer) to another employer (the new employer) the provisions of this section have effect.(2) If the employee is an apprentice or trainee under the Apprenticeship and Traineeship Act 2001:(a) the new employer must apply under section 20 of that Act for approval to the transfer of the apprenticeship or traineeship to the new employer, and(b) consent to the transfer is not required to be given by the apprentice or trainee or the current employer (despite section 20 (4) of the Apprenticeship and Traineeship Act 2001).(3) An employee is not entitled in respect of the same period of service to claim a benefit under this Act and another law or instrument.(4) The Treasurer may in connection with the operation of Schedule 4 give a certificate in writing as to the extent of the accrued rights to annual leave, extended or long service leave or sick leave that are retained by the employee under that Schedule, and such a certificate is evidence of the matters certified.(5) Nothing in the Long Service Leave Act 1955 prevents payment in connection with the transfer under this Act of the employment of an employee to the employment of a private sector entity of the monetary value of long service leave in lieu of an entitlement to that leave accrued as a networks employee before the transfer of the employee’s employment.
23 Operation of other laws and entitlements
The following provisions apply in relation to the transfer of a person’s employment under this Part:(a) the transfer has effect despite any other law, contract or instrument under a law,(b) the transfer does not constitute a retrenchment, redundancy or termination of employment at the initiative of the Crown or any other public sector agency,(c) the person transferred is not entitled to any payment or other benefit by reason only of having ceased to be an employee of a public sector agency as a result of the transfer,(d) a public sector agency is not required to make any payment to the transferred person in relation to the transferred person’s accrued rights in respect of annual leave, sick leave or extended or long service leave.
24 Operation of Commonwealth law
A provision of this Part (including a provision to the extent that it imposes or continues a term or condition of employment) has no effect to the extent of any inconsistency with any provision of the Fair Work Act 2009 of the Commonwealth or of any instrument under that Act.