Award Conditions, Service and Pay



Transfer Arrangements



  • Award conditions will carry across to the new operator(s).
  • Any pay increase in an Award due after the transfer date must be recognised by the new employer.
  • Personal salary arrangements will transfer to the new operator(s).


  • Positions specified in the Award classifications and associated with State Transit employees who are offered employment will carry across to the new operator(s).
  • Service with State Transit will be recognised by the new operator for all purposes.


What this means for you


What carries over to the new operator(s)?

All of your Award conditions will carry across to the new operator(s), as will your accrued entitlements such as annual leave, sick leave, long service leave, and superannuation. Your service with State Transit will also be recognised.

How long will Award conditions be recognised by the new operator?

Under the employment guarantee, your Award conditions at the time of transfer to the new operator(s), and your employment, are protected for two years. This means that, during those two years, your Award conditions of employment cannot be varied without agreement. Under the transfer of business rules of the Fair Work Act, your Award in place at the time of the transfer must stay in place until a new Federal Enterprise Agreement is negotiated with you and your representatives or for up to five years — whichever comes first.

This means that all your Award conditions, including any pay increases in the Award due after the transfer date, must be recognised by the new employer. If an Enterprise Agreement has not already been made and your Award is getting close to its expiry date, your union would be expected to commence negotiations for a new Enterprise Agreement just as it would now for a new industrial instrument.

What service is recognised by the new operator?

All service with State Transit (and previously recognised service) is recognised for the purposes of your long service leave entitlement, including any time spent working as a casual or temporary employee.



Transfer Arrangements



  • Award conditions will carry across to the new operator(s).
  • Any pay increase in an Award due after the transfer date must be recognised by the new employer.
  • Personal salary arrangements will transfer to the new operator(s).


  • Positions specified in the Award classifications and associated with State Transit employees who are offered employment will carry across to the new operator(s).
  • Service with State Transit will be recognised by the new operator for all purposes.


What this means for you


What carries over to the new operator(s)?

All of your Award conditions will carry across to the new operator(s), as will your accrued entitlements such as annual leave, sick leave, long service leave, and superannuation. Your service with State Transit will also be recognised.

How long will Award conditions be recognised by the new operator?

Under the employment guarantee, your Award conditions at the time of transfer to the new operator(s), and your employment, are protected for two years. This means that, during those two years, your Award conditions of employment cannot be varied without agreement. Under the transfer of business rules of the Fair Work Act, your Award in place at the time of the transfer must stay in place until a new Federal Enterprise Agreement is negotiated with you and your representatives or for up to five years — whichever comes first.

This means that all your Award conditions, including any pay increases in the Award due after the transfer date, must be recognised by the new employer. If an Enterprise Agreement has not already been made and your Award is getting close to its expiry date, your union would be expected to commence negotiations for a new Enterprise Agreement just as it would now for a new industrial instrument.

What service is recognised by the new operator?

All service with State Transit (and previously recognised service) is recognised for the purposes of your long service leave entitlement, including any time spent working as a casual or temporary employee.

Page published: 04 September 2020, 11:13