Commonwealth Consolidated Acts

SNOWY HYDRO CORPORATISATION ACT 1997 - SECT 23

             (1)  A person who was an employee of the Snowy Mountains Hydro‑electric Authority immediately before the corporatisation date is taken:

                     (a)  to have ceased to be employed by the Authority immediately before that date; and

                     (b)  to have been engaged by the Snowy Hydro Company as an employee of the Company with effect on and from that date; and

                     (c)  to have been so engaged on terms and conditions that, with such exceptions (if any) as are provided by the regulations, are the same as those that applied to the person, immediately before that date, as an employee of the Authority; and

                     (d)  to have accrued an entitlement to benefits, in connection with that engagement by the Company, that is equivalent to the entitlement that the person had accrued, as an employee of the Authority, immediately before that date.

             (2)  The service of a transferred employee as an employee of the Company is taken for all purposes to have been continuous with the service of the employee, immediately before the corporatisation date, as an employee of the Authority.

             (3)  A transferred employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Authority as a result of this section or of any other provision of this Act.

             (4)  An auditor of the Snowy Mountains Hydro‑electric Authority does not, because of the operation of this Act, become an auditor of the Snowy Hydro Company.

             (5)  A reference in paragraph (1)(c) to terms and conditions is a reference to terms and conditions that are set out in:

                     (a)  a written contract of employment; or

                     (b)  an award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ); or

                     (c)  a certified agreement (as defined by section 4 of the Workplace Relations Act 1996 , as in force immediately before the reform commencement within the meaning given by that Act); or

                     (d)  an Australian workplace agreement (as defined by section 4 of the Workplace Relations Act 1996 , as in force immediately before the reform commencement within the meaning given by that Act); or

                     (e)  an enterprise flexibility agreement (as defined by section 4 of the Workplace Relations Act 1996 as in force immediately before the commencement of Schedule 9 to the Workplace Relations and Other Legislation Amendment Act 1996) that continues to have effect because of Part 2 of that Schedule.

             (6)  This section has effect subject to this Part.