TRANSPORT INTEGRATION ACT 2010 - SECT 201B Transfer of staff from Port of Hastings Corporation to Port of Melbourne Corporation
TRANSPORT INTEGRATION ACT 2010 - SECT 201B
Transfer of staff from Port of Hastings Corporation to Port of Melbourne Corporation(1) The Secretary must list in writing the officers and employees of the Port of Hastings Corporation employed by the Port of Hastings Corporation immediately before the commencement of this section who are to be employed under Part 3 of the Public Administration Act 2004 .
(2) An employee or officer listed under subsection (1) (a "transferred employee") is taken—
(a) to be employed under Part 3 of the Public Administration Act 2004 with effect from the commencement of this section; and
(b) to be employed in his or her new position with effect on and from the commencement of this section; and
(c) to be employed on the same terms and conditions as those that applied to the person as an officer or employee of the Port of Hastings Corporation immediately before the commencement of this section; and
(d) to have accrued an entitlement to benefits in connection with the employment under Part 3 of the Public Administration Act 2004 that is equivalent to the entitlement that the person had accrued, as an officer or employee of the Port of Hastings Corporation, immediately before the commencement of this section.
(3) The service of a transferred employee under Part 3 of the Public Administration Act 2004 is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the commencement of this section, as an officer or employee of the Port of Hastings Corporation.
(4) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the Port of Hastings Corporation because of the operation of this Part.
(5) A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the commencement of this section, employed, by virtue of this section, under Part 3 of the Public Administration Act 2004 , is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.
(6) The superannuation entitlements of any person who is a transferred employee are taken not to be affected by that person becoming a transferred employee.
(7) Nothing in this section prevents—
(a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the commencement of this section; or
(b) a transferred employee from resigning or being dismissed at any time after the commencement of this section in accordance with the then existing terms and conditions of his or her employment under Part 3 of the Public Administration Act 2004 .
S. 201C inserted by No. 45/2010 s. 21.