Commonwealth Numbered Acts

Australian National Airlines Repeal Act 1981 No. 78 of 1981 - SECT 9

9. (1) On the commencing day, each staff member becomes, by force of this
section, an employee of the Company.

(2) Subject to sub-sections (3) and (4), the terms and conditions of
employment on the commencing day of a person who becomes an employee of the
Company by virtue of sub-section (1) are the same as the terms and conditions
on which the person was employed immediately before that day.

(3) If, in the case of a person who becomes an employee of the Company by
virtue of sub-section (1)-

   (a)  a term or condition that would, but for sub-section (2), be a term or
        condition of employment of the person on the commencing day under or
        by virtue of the operation of a law of a State or Territory; and

   (b)  that term or condition is more favourable than a corresponding term or
        condition that, but for this sub-section, would be a term or condition
        of the employment of the person on that day by virtue of sub-section
        (2), that more favourable term or condition is substituted, so far as
        it is capable of application, for the less favourable term or
        condition as a term or condition of employment of the person on that
        day.

(4) For the purposes of sub-section (2), terms and conditions of employment
relating to superannuation shall be taken to be the same as other terms and
conditions of employment relating to superannuation if the first-mentioned
terms and conditions provide for payments of contributions on the same basis,
and provide for the payment of benefits of the same kinds and of the same
amounts, and in the same circumstances or on the happening of the same events,
as the other terms and conditions.

(5) Subject to the Public Service Act 1922, where a person who becomes an
employee of the Company by virtue of sub-section (1) was, immediately before
the commencing day-

   (a)  a person to whom the repealed Officers' Rights Declaration Act 1928
        applied; or

   (b)  a person to whom Division 2 or 3 of Part IV of the Public Service Act
        1922 applied, then, during any relevant period, that person-

   (c)  in the case of a person to whom paragraph (a) applies-shall be deemed
        to be a person to whom the repealed Officers' Rights Declaration Act
        1928 applies or, upon the occurrence of a circumstance or event
        referred to in paragraph 44 (2) (f) of the
        Public Service Amendment Act 1978, a person to whom Division 2 or 3 of
        Part IV of the Public Service Act 1922 applies, as the case requires;
        and

   (d)  in the case of a person to whom paragraph (b) applies-shall be deemed
        to be a person to whom Division 2 or 3 of Part IV of the Public
        Service Act 1922 applies.

(6) A reference in sub-section (5) to a relevant period, in relation to a
person, shall be read as a reference to any period after the commencing day
during which-

   (a)  the person remains an employee of the Company or of a body corporate
        in which the Company has a controlling interest; and

   (b)  the Commonwealth has a controlling interest in the Company.

(7) If a person who becomes an employee of the Company by virtue of
sub-section (1) was, immediately before the commencing day, an eligible
employee for the purposes of the Superannuation Act 1976 and that person
ceases to be such an eligible employee by reason of the Company not being, on
the commencing day, an approved authority for the purposes of that Act-

   (a)  the person is not entitled to any benefit under that Act other than-

        (i)    a benefit of the kind referred to in sub-section 80 (1) of that
               Act; and

        (ii)   an amount of the kind referred to in paragraph 128 (2) (b) of
               that Act;

   (b)  the person is not entitled to any benefit under the
        Superannuation Act  1922 , other than an amount of the kind referred
        to in sub-section 119J (8); and

   (c)  the amount of any benefit to which the person is entitled by virtue of
        paragraph (a) or (b) shall be paid by the Commissioner for
        Superannuation to the trustees of the superannuation scheme that is
        applicable in relation to that person in relation to his employment by
        the Company.

(8) For the purposes of the Superannuation Act 1976, an amount of the kind
referred to in sub-paragraph 7 (a) (ii) and an amount of the kind referred to
in paragraph 7 (b) shall be deemed to be a benefit for the purposes of
sub-section 112 (2) of that Act.

(9) For the purposes of the application, at any time, of the terms and
conditions of employment of a person who becomes an employee of the Company by
virtue of sub-section (1), if the whole or a part of any relevant period of
employment would not, under or by virtue of the operation of a law of a State
or Territory, be required to be taken into account as being a period during
which that person was employed by the Company in the application of those
terms and conditions, the Company shall treat that relevant period of
employment or that part of that relevant period of employment, as the case may
be, as being a period during which that person was employed by the Company.

(10) A reference in sub-section (9) to a relevant period of employment, in
relation to a person, shall be read as a reference to any period during which
that person was employed, whether by the Commission or by another person,
being a period that would, if that first-mentioned person had, immediately
before the commencing day, ceased to be employed by the Commission, be taken
into account in determining any amount payable to that first-mentioned person,
or any benefit to which that first-mentioned person would be entitled, as a
consequence of the termination of that employment.

(11) A staff member is not, by reason of his ceasing, by virtue of sub-section
(1), to be-

   (a)  the general manager of the Commission;

   (b)  an officer of the Commission appointed under sub-section 17 (1) of the
        Airlines Act; or

   (c)  a temporary or casual employee of the Commission appointed under
        section 18 of the Airlines Act, entitled to any payments under section
        16 or 17 of the Long Service Leave (Commonwealth Employees) Act 1976.