New South Wales Consolidated Acts

LOCAL GOVERNMENT (AREAS) ACT 1948 - SECT 14

14 Transfer of servants of certain areas

(1) In the case of an area of which specified parts as described in the First Schedule are on the appointed day to be included in different united areas, and those specified parts of the area taken together, comprise the whole of that area, all persons who immediately before the appointed day were servants of the council of that area shall be transferred to the service of one or other of the councils of those united areas in accordance with this section.

(2) The councils of the united areas concerned shall confer together and agree upon an arrangement as to such transfer.
In the event of the councils of the united areas concerned failing to agree upon such an arrangement within the period fixed by proclamation under section twenty-one of the Principal Act, or within such further period as the Minister may allow, the Minister may make such an arrangement.

(3) An arrangement made under this section shall provide for the transfer to the service of one or other of the councils of the united areas concerned of all persons referred to in subsection one of this section.

(4) An arrangement made under this section shall be embodied in a proclamation and upon publication thereof any person affected by such arrangement shall:

(a) be transferred to the service of the council of the united area specified,

(b) become a servant of the council of such united area,

(c) be paid salary or wages not less than at the rate at which he was employed immediately before the publication of such proclamation until such salary or wages is or are varied or altered by the council of such united area: Provided that such salary or wages shall not be reduced for a period of at least two years from the date of such transfer except to the extent necessary to give effect to any fluctuation in the needs basic wage as defined in the Industrial Arbitration Act 1940 , as amended by subsequent Acts, and

(d) be deemed to have been appointed and employed by the council of such united area under the provisions of the Principal Act.

The person so transferred shall on and from the publication of such proclamation until otherwise directed by the council of such united area continue to perform the duties which attached to his employment immediately before such publication.

(5) The provisions of subsections two to eight inclusive of section 20C of the Principal Act shall apply to and in respect of the transfer of any person under subsection four of this section.