New South Wales Consolidated Acts

NATIONAL DISABILITY INSURANCE SCHEME (NSW ENABLING) ACT 2013 - SECT 14

14 Transfers to non-government sector employment

(1) The Minister may, for the purposes of the authorised implementation, enter into an agreement (a
"transfer agreement" ) with an employer in the non-government sector for the transfer of the employment of a disability services employee to the employment of that employer as the
"new employer" of the employee.

(2) The Minister may by order in writing transfer the employment of a disability services employee to the employment of the new employer to give effect to a transfer agreement.

(3) A transfer of employment under this section does not require the consent of the person transferred.

(4) A transfer agreement must contain provision to give effect to the following requirements--

(a) the employment of a transferred employee with the new employer is to be on the same terms and conditions as applied under an industrial instrument to the employee as a disability services employee immediately before the transfer of employment,

(b) in the case of a transferred employee who is an apprentice or trainee under the Apprenticeship and Traineeship Act 2001 , 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,

(c) the provisions of section 15 apply in respect of the transferred employee.

(5) A transfer agreement may specify an employment guarantee period for the transferred employee and if it does so must contain provision to give effect to the following requirements--

(a) the terms and conditions of employment of the transferred employee with the new employer under an industrial instrument cannot be varied during the employment guarantee period for the transferred employee except by agreement entered into by or on behalf of the transferred employee in accordance with any applicable industrial law,

(b) the employment of a transferred employee with the new employer cannot be terminated by the new employer during the employment guarantee period for the transferred employee, except--

(i) for serious misconduct, or

(ii) pursuant to the proper application of reasonable disciplinary procedures, or

(iii) by agreement with the employee.

(6) A transfer agreement may include provision with respect to any other matters concerning the terms and conditions of employment of the transferred employee.