Comparable Roles with the Private Operator

Non-operational Senior and Salaried Award employees who have not already secured a role by other means may be offered a comparable role with the new operators.


This option is not applicable to Transport Service Senior Manager and Senior Executive staff. At this point, the new operator(s) for the three Regions are unknown. Therefore, their needs with respect to corporate, non-operational roles, skills and capabilities are also unknown. Be aware that some potential operators may have an established corporate structure, while others may not. Once the new operator(s) are appointed, Transport for NSW will work with them to determine what comparable roles they have. Once these roles have been identified they will be presented to you.


How is a comparable role defined?


See Comparable Roles on this page for the definition of a comparable role, as outlined in NSW Government regulations. To be a comparable role the work to be performed in the new role must be similar to that of your current role and must not incur an unreasonable increase in travel. Roles will be compared based on duties and functions — not the title. The circumstances for each role will need to be looked at on a case-by-case basis, based on the facts at the time. While the new operator(s) can’t be forced to create roles, Transport for NSW will hold them to account, where applicable.


How will the Expression of Interest (EOI) process for comparable roles work?

The process to be carried out by the operators for EOIs, including how you will be notified and the application process, will be explained to you once it has been fully determined.The EOI process is a closed process and won’t be open to external applicants. However, if the operator(s) makes an assessment that you are not suited for the role, they won’t have to accept you for that role and may then go external.


What happens when I am made aware of a comparable role?


If you are offered a comparable role with the new operator and you accept the role, upon transition:


  • you will cease your employment with State Transit and become an employee of the operator;
  • you will be employed by the new operator on the same Award terms and conditions (including superannuation) that you had with the State Transit, with full continuity of employment and recognition of service and leave entitlements; and
  • you will retain your Employee Opal Card and other pass entitlements subject to current terms and conditions for a period of three years (or until your employment ends — whichever is sooner).

What happens when I am made aware of a comparable role?


If you are made aware of an available comparable role with the new operator or are offered a comparable role with the operator and either do not apply for the role or do not accept the role:

  • you will remain with State Transit and will continue to be considered for other opportunities in accordance with the Placement Strategy; and
  • if you do not secure a role at the conclusion of transition and are subsequently declared excess under the Managing Excess Employees Procedure, you will have forgone any entitlement to a redundancy payment.

Is there a minimum employment length?


Non-operational employees who are offered a comparable role will be guaranteed employment with the new operator(s) doing the same job at the same level and with the same status. While the employment guarantee is for two years, it does not mean your employment status will change at the end of that period; it will continue subject to the operational requirements of the employer.

Once the employment guarantee period is over, what happens?


It will continue to be business-as-usual with the new operator(s). You will continue in your role under the Award terms and conditions in place at the time and your leave entitlements will continue to accrue in accordance with those terms and conditions. If the new operator(s) decides to review particular positions or their organisational structure once the two-year employment guarantee period ends, it would need to consult with staff and unions in accordance with the relevant consultation provisions in the Award or Enterprise Agreement. Subject to the terms of your Award or Enterprise Agreement at the time, any variation to an agreed part-time or flexible employment arrangement must be agreed between the employer and the employee.


Can the new operator approach me directly about an opportunity?


A new operator is not able to employ or engage you without the prior written approval of Transport for NSW, other than through the comparable role process above.You cannot be prevented from having a conversation with the new operator(s) in your own time, but we don’t want it to become a distraction from your job. If you are offered a job with a new operator(s) prior to service commencement, you will have to resign from your current role with State Transit immediately. There will be no redundancies paid in these circumstances. To manage this process fairly and transparently, Transport for NSW will also be holding the operator(s) to account in relation to putting comparable roles out through an EOI process.

Non-operational Senior and Salaried Award employees who have not already secured a role by other means may be offered a comparable role with the new operators.


This option is not applicable to Transport Service Senior Manager and Senior Executive staff. At this point, the new operator(s) for the three Regions are unknown. Therefore, their needs with respect to corporate, non-operational roles, skills and capabilities are also unknown. Be aware that some potential operators may have an established corporate structure, while others may not. Once the new operator(s) are appointed, Transport for NSW will work with them to determine what comparable roles they have. Once these roles have been identified they will be presented to you.


How is a comparable role defined?


See Comparable Roles on this page for the definition of a comparable role, as outlined in NSW Government regulations. To be a comparable role the work to be performed in the new role must be similar to that of your current role and must not incur an unreasonable increase in travel. Roles will be compared based on duties and functions — not the title. The circumstances for each role will need to be looked at on a case-by-case basis, based on the facts at the time. While the new operator(s) can’t be forced to create roles, Transport for NSW will hold them to account, where applicable.


How will the Expression of Interest (EOI) process for comparable roles work?

The process to be carried out by the operators for EOIs, including how you will be notified and the application process, will be explained to you once it has been fully determined.The EOI process is a closed process and won’t be open to external applicants. However, if the operator(s) makes an assessment that you are not suited for the role, they won’t have to accept you for that role and may then go external.


What happens when I am made aware of a comparable role?


If you are offered a comparable role with the new operator and you accept the role, upon transition:


  • you will cease your employment with State Transit and become an employee of the operator;
  • you will be employed by the new operator on the same Award terms and conditions (including superannuation) that you had with the State Transit, with full continuity of employment and recognition of service and leave entitlements; and
  • you will retain your Employee Opal Card and other pass entitlements subject to current terms and conditions for a period of three years (or until your employment ends — whichever is sooner).

What happens when I am made aware of a comparable role?


If you are made aware of an available comparable role with the new operator or are offered a comparable role with the operator and either do not apply for the role or do not accept the role:

  • you will remain with State Transit and will continue to be considered for other opportunities in accordance with the Placement Strategy; and
  • if you do not secure a role at the conclusion of transition and are subsequently declared excess under the Managing Excess Employees Procedure, you will have forgone any entitlement to a redundancy payment.

Is there a minimum employment length?


Non-operational employees who are offered a comparable role will be guaranteed employment with the new operator(s) doing the same job at the same level and with the same status. While the employment guarantee is for two years, it does not mean your employment status will change at the end of that period; it will continue subject to the operational requirements of the employer.

Once the employment guarantee period is over, what happens?


It will continue to be business-as-usual with the new operator(s). You will continue in your role under the Award terms and conditions in place at the time and your leave entitlements will continue to accrue in accordance with those terms and conditions. If the new operator(s) decides to review particular positions or their organisational structure once the two-year employment guarantee period ends, it would need to consult with staff and unions in accordance with the relevant consultation provisions in the Award or Enterprise Agreement. Subject to the terms of your Award or Enterprise Agreement at the time, any variation to an agreed part-time or flexible employment arrangement must be agreed between the employer and the employee.


Can the new operator approach me directly about an opportunity?


A new operator is not able to employ or engage you without the prior written approval of Transport for NSW, other than through the comparable role process above.You cannot be prevented from having a conversation with the new operator(s) in your own time, but we don’t want it to become a distraction from your job. If you are offered a job with a new operator(s) prior to service commencement, you will have to resign from your current role with State Transit immediately. There will be no redundancies paid in these circumstances. To manage this process fairly and transparently, Transport for NSW will also be holding the operator(s) to account in relation to putting comparable roles out through an EOI process.

Page published: 04 September 2020, 11:14