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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 682 Employees of former Authority to be employed by department

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 682

Employees of former Authority to be employed by department

682 Employees of former Authority to be employed by department

(1) This section applies to a person who, immediately before the commencement, was employed by the former Authority.
(2) From the commencement—
(a) the person ceases to be an employee of the former Authority; and
(b) is employed by the department under the department’s relevant industrial instrument.
(3) Also, the following applies for the person—
(a) the person retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment as an employee of the former Authority;
(b) the person’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected;
(c) continuity of service is not interrupted, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service;
(d) the employment does not constitute a termination of employment or a retrenchment or redundancy;
(e) the person is not entitled to a payment or other benefit because he or she is no longer employed by the former Authority.
(4) If a person employed under subsection (2) was employed by the former Authority under a contract, the person is taken to be employed by the department under the contract under which the person was employed before the commencement.
(5) Subsection (6) applies if a person mentioned in subsection (2) was entitled to total remuneration for the employment with the former Authority that is higher than the total remuneration payable under the relevant industrial instrument for a person starting in the position with the department to which the person has been transferred.
(6) The person’s total remuneration must not be increased until the person’s total remuneration aligns with the total remuneration payable under the relevant industrial instrument to a person who has held the position for the same amount of time.
(7) Subject to this section, the chief executive may issue a direction to a person to facilitate the transition of employees from the former Authority to the department.
(8) A person given a direction must comply with the direction.
(9) This section has effect despite any other law or instrument.
(10) In this section—


"employee" , of the former Authority, does not include the chief executive officer appointed under the section 355 of the pre-amended Act.