Skills and Workforce Development Agency Act 2026 · Updated to 1 Jul 2026 · Part 9 · Transfer of Undertakings and Personnel to Agency
69. Transfer of employees, etc., to Agency
Feedback & supportOn the transfer date, every SSG employee and every WSG employee —
stops being an employee of the SSG or the WSG, as the case may be; and
is each transferred to the service, and becomes an employee, of the Agency on terms no less favourable than those enjoyed by the employee on the eve of the transfer date.
A certificate signed by the Minister certifying whether an individual named in the certificate has been transferred to the service of the Agency under subsection (1) is admissible in evidence in any proceedings as proof of the matters stated in the certificate.
Agency
“Agency” means the Skills and Workforce Development Agency established by section 3;
The transfer under subsection (1) of an SSG employee or a WSG employee (as the case may be) to the service of the Agency —
SSG employee
“SSG employee” means an individual who, on the eve of the transfer date, is an employee of the SSG;
does not interrupt continuity of that employee’s service;
does not constitute a retrenchment or redundancy of that employee’s employment by the transferor; and
does not entitle that employee to any compensation or other payment or benefit merely because he or she stops being employed by the transferor.
Nothing in this section prevents —
any of the terms and conditions of employment of an individual transferred to the service of the Agency under subsection (1) from being altered by or under any law, award or agreement with effect from any time after the transfer date; and
an individual transferred to the service of the Agency under subsection (1) from resigning from that service any time after the transfer date, in accordance with the terms and conditions of his or her employment then applicable.
To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer under this Part of any SSG employee or any WSG employee to the service of the Agency.
WSG employee
“WSG employee” means an individual who, on the eve of the transfer date, is an employee of the WSG.
On the transfer date, every public officer or employee of any other public body seconded to the SSG or the WSG, under either of the following that is in force on the eve of the transfer date, continues on secondment to the Agency:
officer
“officer”, in relation to a public body, means an employee of the public body and includes an individual under a secondment arrangement which makes available the service of the individual to the public body;
an arrangement made by the Government;
an agreement or arrangement between the Government or that other public body and the SSG or the WSG, as the case may be.