New South Wales Consolidated Acts

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COAL INDUSTRY ACT 2001 - SCHEDULE 4

SCHEDULE 4 – Transfer of staff of Mines Rescue Board

(Section 8 (2))

1 Definitions

In this Schedule:
"former MRB staff" means the members of staff of the Mines Rescue Board immediately before the dissolution of that Board.
"transferred employee" means a former MRB staff member who is transferred, under clause 2, to the mines rescue company.

2 Transfer of former MRB staff to the mines rescue company

The former MRB staff are transferred to the mines rescue company and are to be regarded for all purposes as having become employees of that company on the commencement of this clause.

3 General saving of conditions of employment

A transferred employee is (until other provision is duly made under any Act or law) to be employed in accordance with any relevant statutory provisions, awards, agreements and determinations that would have applied to the employee if the employee had not been transferred but had instead remained on the staff of the Mines Rescue Board (and that Board had continued in existence).

4 Saving of leave

A transferred employee retains, as an employee of the mines rescue company, any rights to annual leave, extended service leave, sick leave and other forms of leave, accrued or accruing in his or her employment with the Mines Rescue Board (except accrued leave for which the employee has, on ceasing to be a member of the staff of the Mines Rescue Board, been paid the money value in pursuance of any other entitlement of the employee).

5 No dual benefit

(1) This clause applies to a person who becomes, because of this Schedule, an employee of the mines rescue company.
(2) A person to whom this clause applies is not entitled to receive any payment or other benefit merely because the person ceases to be a member of the staff of the Mines Rescue Board.
(3) A person to whom this clause applies is not entitled to claim, both under this Act and under any other Act, dual benefits of the same kind for the same period of service.



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