Document ID: chunk:federal_register_of_legislation:C2018C00042:section:59
Version: federal_register_of_legislation:C2018C00042
Segment Type: section
Provision Reference: s 59
Character Range: 56125–58032

59  Terms and conditions of transferred employees
 (1) A person who is a transferred employee is taken:
 (a) to have been engaged by the company concerned on the same terms and conditions as those that applied to the person, immediately before the employee's transfer time, as an employee of the FAC; and
 (b) to have accrued an entitlement to benefits, in connection with that engagement by the company concerned, that is equivalent to the entitlement that the person had accrued, as an employee of the FAC, immediately before the employee's transfer time.
 (2) The service of a transferred employee as an employee of the company concerned is taken, for all purposes, to have been continuous with the service of the employee, immediately before the employee's transfer time, as an employee of the FAC.
 (3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the FAC as a result of this Part.
 (4) A reference in paragraph (1)(a) to terms and conditions is a reference to terms and conditions that are set out in:
 (a) a written contract of employment; or
 (b) any of the following (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009):
 (i) an award;
 (ii) a pre‑reform certified agreement;
 (iii) an individual transitional employment agreement;
 (iv) an AWA; or
 (e) an enterprise flexibility agreement (as defined by section 4 of the Workplace Relations Act 1996 as in force immediately before the commencement of Schedule 9 to the Workplace Relations and Other Legislation Amendment Act 1996) that continues to have effect because of Part 2 of that Schedule.
Note: For an instrument referred to in paragraph (b), see item 4 of Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
 (5) This section has effect subject to this Part.