New South Wales Consolidated Acts

FISH MARKETING ACT 1994 - SECT 14

14 Staff of FMA

(1) The employees of FMA have the rights conferred on them by this section and by a sale agreement in force.

(2) The sale agreements validated by section 5 (4) include the Heads of Agreement dated 3 May 1994, a copy of the provisions relating to the employees of FMA (including provisions relating to superannuation for those employees) is set out in Schedule 3. Clauses 11.1 and 12.4 of those Heads of Agreement are taken to be amended as indicated in Schedule 3.

(3) Service with FMA of an employee of FMA who becomes an employee of the approved purchaser in accordance with the sale agreement or an order under this Part (including service which is taken to be service with FMA) is taken to be service with the approved purchaser.

(4) Without limiting subsection (3), any employee of FMA referred to in that subsection retains any rights to annual leave, long service leave or sick leave accrued or accruing immediately before becoming an employee of the approved purchaser (except accrued leave for which the employee has, on ceasing to be employed by FMA, elected to be paid the money value in pursuance of any other entitlement of the employee).

(5) Part 2A of the Public Sector Management Act 1988 applies to any person who, immediately before the sale date, was the holder of an executive position under that Part as if the person had ceased to be an executive officer as referred to in section 42Q (4) of that Act. An engagement of any such person with the approved purchaser is taken to be an engagement in the public sector for the purposes of that Part.