Western Australian Consolidated Acts Western Australian Consolidated Acts (1) At the transfer
time —
(a) each
person employed as a public service officer in accordance with
section 11(1) or as the chief executive officer of the Board becomes an
employee of MutualCo employed under a contract of employment between the
person and MutualCo; and
(b) each
person employed by the Board under section 11(2) other than on a casual
basis becomes an employee of MutualCo which is substituted for the Board as a
party to the person’s contract of employment,
unless, at that time,
the person’s employment terminates other than by operation of this
Division.
(2) A transferred
employee’s contract of employment is to be taken to include each term or
condition that —
(a)
applied to the person immediately before the transfer time under a contract of
employment or industrial instrument; and
(b)
relates to a protected matter.
(3) A transferred
employee’s rights against MutualCo include each accruing or accrued
right that —
(a) the
person had immediately before the transfer time under a contract of employment
or industrial instrument; and
(b)
relates to a protected matter.
(4) For the purpose of
working out when an accruing right referred to in subsection (3) accrues
the person’s employment in the public sector is to be taken to have been
employment with MutualCo.
(5) Despite
subsections (2) and (3) —
(a) a
person’s contract of employment with MutualCo does not include a term or
condition; and
(b) a
person’s rights against MutualCo do not include a right,
to the extent that it
requires or permits contributions to be made by or for the person to a
particular superannuation scheme or to a particular type of superannuation
scheme.
(6) Nothing in this
section prevents the subsequent variation or replacement of a term, condition
or right referred to in subsection (2) or (3).
(7) The regulations
referred to in the Public Sector Management Act 1994 section 94 do
not apply in relation to a change of employment effected by operation of
subsection (1).
[Section 66 inserted by No. 25 of 2007
s. 16.]