108Transfer of employees of Port Phillip Catchment Management Authority to Melbourne Water Corporation

108 Transfer of employees of Port Phillip Catchment Management Authority to Melbourne Water Corporation

(1) At the appointed time, persons who were employed by the old body immediately before the appointed time are transferred to the new body.

(2) A transferred employee is taken—

(a) to be employed by the new body—

(i) with effect from the appointed time; and

(ii) on terms and conditions no less favourable than those that applied to the employee immediately before the appointed time; and

(b) to have accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the employee had accrued immediately before the appointed time.

(3) The service of a transferred employee is to be regarded for all purposes as having been continuous with the service of the employee immediately before the appointed time.

(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 old body because of the operation of this Part.

(5) A certificate purporting to be signed by the Chief Executive Officer of the new body certifying that a person named in the certificate was, with effect from the relevant date, employed by operation of this section by the new body, is admissible in evidence in any proceedings as evidence of the matters stated in it.

(6) The superannuation entitlements of any transferred employee are to be taken not to be affected by that employee being transferred.

(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 appointed time; or

(b) a transferred employee from resigning or being dismissed at any time after the appointed time in accordance with the then existing terms and conditions of their employment with the new body.

Pt 11 Div. 3 (Heading and ss 109, 110) inserted by No. 22/2022 s. 49.

Division 3—Agriculture Legislation Amendment Act 2022

S. 109 inserted by No. 22/2022 s. 49.