New South Wales Consolidated Regulations

TRANSPORT ADMINISTRATION (GENERAL) REGULATION 2005 - REG 29

29 ARTC staff who become employees of rail authorities

(1) This clause applies to a member of staff of ARTC to whom clause 27 applies who:

(a) resigns as a member of staff of ARTC, and

(b) becomes a member of staff of a rail authority ( "the new employer") not more than 30 days after ceasing to be a member of staff of ARTC.

(2) Continuous service of a member of staff with one or more rail authorities or ARTC is taken, for all purposes, as service with the new employer.

(3) In particular, without limiting the operation of subclause (2), a member of staff retains any rights to annual leave, extended leave or long service leave and sick leave accrued in previous employment with one or more rail authorities and ARTC.

(4) A person’s entitlement to any such leave is to be calculated:

(a) for the part of any period during which that leave accrued or was accruing before employment with the new employer commenced-at the rate of accrual for the time being applicable to the person before that day, and

(b) for the part of the period that occurred after that commencement-at the rate of accrual for the time being applicable to the person after that day.

(5) This clause does not apply to a person if, at the time the relevant vacancy is first advertised or the person commences employment with the new employer (whichever occurs first), a period of 3 years or more has elapsed since the person was first employed by ARTC.