Tasmanian Numbered Acts

TOTE TASMANIA (SALE) ACT 2009 (NO. 8 OF 2009) - SECT 19

19. Arrangements for employees if business transferred

      (1) In this section –

"transfer day" means the day specified in an order under section 18(2) as the day on which the transfer of the business of TOTE Tasmania, or of a TOTE subsidiary, to which the notice relates takes effect.

      (2) If the business of TOTE Tasmania or of a TOTE subsidiary is transferred to the Crown under section 18, the Treasurer, by order provided to TOTE Tasmania or the TOTE subsidiary, may terminate on any conditions the Treasurer considers appropriate the employment of a person who, immediately before the transfer day, was employed by TOTE Tasmania or the TOTE subsidiary for the purpose of that business.

      (3) In terminating the employment of a person under subsection (2), the Treasurer is to do so subject to, and in accordance with, any relevant contract, award or agreement.

      (4) On receipt of an order under subsection (2), TOTE Tasmania or the TOTE subsidiary is to give to each person whose employment is terminated by the order written notice of that termination.

      (5) If an order under subsection (2) terminates the employment of a person employed by TOTE Tasmania or a TOTE subsidiary –

(a) that employment is terminated immediately before the transfer day or on the day specified in the order; and

(b) that person is not entitled to any compensation or other payment in respect of the termination of employment except as provided by the Retirement Benefits Act 1993 , the Public Sector Superannuation Reform Act 1999 , any other law, an award, an agreement or any conditions determined by the Treasurer under subsection (2).

      (6) An order under subsection (2) is not a statutory rule.