Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 349

349 Matters relating to employment

(1) This section applies to each person who was an employee of the office of the Authority immediately before the commencement, other than the executive director.

(2) On the commencement—

(a) the person becomes a public service employee of the relevant department; and

(b) the person stops being an employee of the office of the Authority; and

(c) the office’s liability for recreation, sick or long service leave accrued but not taken by the person before the commencement is transferred to the State held in the relevant department; and

(d) the office’s records, to the extent they relate to the person’s employment, become records of the State held in the relevant department.

(3) Without limiting subsection (2)(a), if the person is employed under a contract of employment, the person’s contract of employment with the office is taken to be a contract of employment between the person and the chief executive and applies with any necessary changes to give effect to the contract.

(4) The change under subsection (2) has effect despite any contract, instrument or other law and does not—

(a) reduce the person’s total remuneration; or

(b) prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or

(c) interrupt the person’s continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or

(d) constitute a termination of employment by the office, retrenchment or redundancy; or

(e) entitle the person to a payment or other benefit merely because the person is no longer employed by the office; or

(f) require a payment to be made in relation to the person’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the office and the person; or

(g) terminate or otherwise end a contract.