New South Wales Consolidated Acts

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WASTE RECYCLING AND PROCESSING CORPORATION ACT 2001 - SCHEDULE 2

SCHEDULE 2 – Transfer of staff of Waste Recycling and Processing Service

(Section 11)

1 Definition

In this Schedule, "former Waste Service staff" means the members of staff of the Waste Recycling and Processing Service immediately before the dissolution of the Waste Recycling and Processing Service.

2 Transfer of former Waste Service staff to Waste Recycling and Processing Corporation

(1) The former Waste Service staff are transferred to the Corporation and are to be regarded for all purposes as having become employees of the Corporation on the day on which the Waste Recycling and Processing Service is dissolved.
(2) The Waste Recycling and Processing Service is taken to be an authority to which Schedule 4 (Provisions relating to certain staff) of the State Owned Corporations Act 1989 applies.

3 General saving of conditions of employment

(1) A person who is transferred under this Schedule 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 person if the person had not been transferred but had instead remained on the staff of the Waste Recycling and Processing Service (and the Waste Recycling and Processing Service had continued in existence).
(2) However, nothing in this clause affects the application of section 36 (1) of the State Owned Corporations Act 1989 to the Corporation. Accordingly, the Government and Related Employees Appeal Tribunal Act 1980 does not apply to the Corporation or any subsidiary of the Corporation.

4 Saving of leave

A member of the staff of the Corporation who is a member of the former Waste Service staff retains 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 Waste Recycling and Processing Service.

5 No payment out on transfer or dual benefits

(1) This clause applies to a person who becomes, because of this Schedule, a member of the staff of the Corporation.
(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 Waste Recycling and Processing Service.
(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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