Document ID: chunk:federal_register_of_legislation:C2016C00568:clause:2_368
Version: federal_register_of_legislation:C2016C00568
Segment Type: clause
Provision Reference: sch 2 cl 368
Character Range: 127693–129102

368  Transfer of employees
(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Administration immediately before the final transition time.
(2) At the final transition time, the transferring employee:
 (a) ceases to be an employee of the Administration; and
 (b) becomes an employee of the Norfolk Island Regional Council.
(3) A transferring employee who becomes an employee of the Norfolk Island Regional Council under subitem (2) is taken to have been engaged by the Norfolk Island Regional Council on the same terms and conditions as those that applied to the transferring employee, immediately before the final transition time, as an employee of the Administration.
(4) This item does not prevent the terms and conditions of a transferring employee's employment after the final transition time from being varied:
 (a) in accordance with those terms and conditions; or
 (b) by or under a law, award, determination or agreement.
(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Administration as a result of this item.
(6) In this item:
vary, in relation to terms and conditions, includes:
 (a) omit any of those terms and conditions; or
 (b) add to those terms and conditions; or
 (c) substitute new terms or conditions for any of those terms and conditions.