Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 644

644 Rights and entitlements of particular employees

(1) This section applies to a person who—

(a) becomes an employee of the employing office; and

(b) was an employee of WorkCover—

(i) immediately before the commencement of this section; and

(ii) immediately before becoming an employee of the employing office.

(2) On becoming an employee of the employing office, the person is taken to be employed under section 475F on the conditions on which the person would have been employed by WorkCover, immediately before the person became an employee of the employing office, if WorkCover had never become an employer under the Workplace Relations Act 1996 (Cwlth).

(3) Also—

(a) the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that—

(i) have accrued or were accruing to the person as an employee of WorkCover; and

(ii) would have accrued to the person if WorkCover had never become an employer under the Workplace Relations Act 1996 (Cwlth); and

(b) if the person is a member of a superannuation scheme—

(i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and

(ii) the person’s membership of the scheme is not affected.

(4) Without limiting subsection (3), for working out the person’s rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, employment of the person by the employing office is a continuation of employment of the person by WorkCover.

(5) If the person was a seconded employee immediately before becoming an employee of the employing office, the arrangement under which the person was performing work for a government entity, other than WorkCover, or for a non-Queensland government entity may continue until the arrangement ends, and, if the arrangement does continue—

(a) subsection (2) does not apply to the person; and

(b) on the ending of the arrangement, the person is taken to be employed under section 475F on the conditions on which the person would have been employed by WorkCover, on the ending of the arrangement, if—

(i) the person had continued to be an employee of WorkCover; and

(ii) WorkCover had never become an employer under the Workplace Relations Act 1996 (Cwlth).

(6) Subsections (2) and (5)(b) do not limit section 475F(3) and (4).

(7) In this section—

"employee of WorkCover" includes a seconded employee.

"seconded employee" means an employee of WorkCover performing work for another government entity or non-Queensland government entity under an arrangement entered into, before the commencement of this section, by WorkCover with the appropriate authority of the other government entity or non-Queensland government entity.