New South Wales Consolidated Acts

LOCAL GOVERNMENT (CITY OF SYDNEY BOUNDARIES) ACT 1967 - SECT 18

18 Transfer of staff

(1) Determinations made by the Staff Joint Committee pursuant to section seventeen of this Act shall be embodied in a proclamation or proclamations which may be made at any time before the appointed day.

(2) A servant of the Council of the City of Sydney referred to in a proclamation made pursuant to subsection one of this section shall, on and from the appointed day,

(a) be transferred to the service of the council of the area specified in the proclamation as being the council to whose service he is to be transferred,

(b) become a servant of the council of that area,

(c) be paid salary or wages not less than at the rate at which he was employed immediately before the appointed day, until that salary or those wages is or are varied or altered by the council of that area: Provided that that salary or those wages shall not be reduced for a period of at least two years from the date of his transfer except to the extent necessary to give effect to any fluctuation in a basic or minimum wage by reference to which his salary or wages is or are fixed, and

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

(3) A person so transferred shall, on and from the appointed day and until otherwise directed by the council to whose service he is transferred, continue to perform the duties which attached to his employment before that day.

(4) Subject to subsection five of this section, the provisions of subsections two to eight inclusive of section 20C of the Principal Act shall, mutatis mutandis, apply to and in respect of any person transferred pursuant to this section.

(5)

(a) This subsection applies to and in respect of persons transferred from the service of the Council of the City of Sydney pursuant to this section, being persons referred to in paragraph (a) of subsection two of section twelve of the Local Government (Areas) Act 1948 , who, pursuant to paragraph (b) of that subsection elected to retain the rights and privileges referred to in that paragraph.

(b) Any person to whom this subsection applies, and who becomes entitled to receive a gratuity under subsection five of section 20C of the Principal Act, shall not be entitled to receive any compassionate or retiring allowance under any award or industrial agreement referred to in subsection two of that section:
Provided that the amount payable to any such person as a gratuity under subsection five of that section shall not in any case be less than the amount which would have been payable to such person as a compassionate or retiring allowance under any such award or industrial agreement if this paragraph had not been enacted.

(c) For the purposes of paragraph (b) of subsection two of section twelve of the Local Government (Areas) Act 1948 , as amended by subsequent Acts, the services of any person to whom this subsection applies with the council of any area to whose service he is transferred pursuant to this section shall be deemed to be service with the Council of the City of Sydney.