New South Wales Consolidated Acts

NATIONAL DISABILITY INSURANCE SCHEME (NSW ENABLING) ACT 2013 - SECT 15

15 Continuity of entitlements of 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 following provisions have effect--

(a) the employee is entitled to continue as a contributor, member or employee for the purposes of any superannuation scheme in respect of which he or she was a contributor, member or employee (as an employee of the current employer) immediately before the transfer of employment and remains so entitled subject to any variation to that entitlement made either by agreement or otherwise in accordance with law,

(b) the new employer is taken to be an employer for the purposes of any superannuation scheme in respect of which the employee continues as a contributor, member or employee pursuant to an entitlement under this section,

(c) the continuity of the employee's contract of employment is taken not to have been broken by the transfer of employment, and service of the employee with the current employer (including service deemed to be service with the current employer) that is continuous service up to the time of transfer is taken for all purposes to be service with the new employer,

(d) the employee retains any rights to annual leave, sick leave, extended or long service leave accrued or accruing immediately before the transfer (except accrued leave for which the employee has, on ceasing to be an employee of the current employer, been paid the monetary value in pursuance of any other entitlement of the employee).

(2) An employee is not entitled in respect of the same period of service to claim a benefit under this section and another law or instrument.

(3) The Minister may in connection with the transfer of an employee's employment under this Part give a certificate in writing as to the extent of the accrued rights to annual leave, sick leave, extended or long service leave that are retained by the employee under this section, and such a certificate is evidence of the matters certified.

(4) Nothing in the Long Service Leave Act 1955 prevents payment in connection with the transfer under this Part of the employment of a disability services employee to the employment of an employer in the non-government sector of the monetary value of long service leave in lieu of an entitlement to that leave accrued as a disability services employee before the transfer of the employee's employment.