TRANSPORT INTEGRATION ACT 2010 - SECT 261 Transfer of employees of Public Transport Ticketing Body to the Public Transport Development Authority

TRANSPORT INTEGRATION ACT 2010 - SECT 261

    (1)     This section applies to an employee of the Public Transport Ticketing Body who is not employed under Part 3 of the Public Administration Act 2004 .

    (2)     If as a result of an allocation statement it is necessary to transfer any employees from the Public Transport Ticketing Body to the Public Transport Development Authority, the chief executive officer of the Public Transport Ticketing Body must list in writing the persons who were employed by the Public Transport Ticketing Body before the relevant date and who the chief executive officer of the Public Transport Ticketing Body determines should be transferred to the Public Transport Development Authority.

    (3)     An employee who is listed under subsection (2) is transferred under this section and is to be regarded as—

        (a)     being employed by the Public Transport Development Authority with effect from the relevant date;

        (b)     having been so employed on the same terms and conditions as those that applied to the person immediately before the relevant date;

        (c)     having accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued immediately before the relevant date.

    (4)     The service of an employee transferred under this section is to be regarded for all purposes as having been continuous with the service of the employee immediately before the relevant date.

    (5)     An employee transferred under this section is not entitled to receive any payment or other benefit by reason only of having ceased to be employed by the Public Transport Ticketing Body because of the operation of this Part.

    (6)     A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the relevant date, employed by virtue of this section by the Public Transport Development Authority, is admissible in evidence in any proceedings as evidence of the matters stated in it.

    (7)     The superannuation entitlements of any person who is transferred under this section are to be taken not to be affected by that person being transferred.

    (8)     Nothing in this section prevents—

        (a)     any of the terms and conditions of employment of a person transferred under this section from being altered by or under any law, award or agreement with effect from any time after the relevant date; or

        (b)     a person transferred under this section from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment with the Public Transport Development Authority.

S. 262 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).