102Transfer of Country Fire Authority staff

102 Transfer of Country Fire Authority staff (1) A person (referred to in this section as a ***transferred employee***)— (a) who was appointed to perform functions under the **Country Fire Authority Act 1958**, whether by the Chief Officer or the Country Fire Authority under section 17 of the **Country Fire Authority Act 1958** or otherwise, immediately before the commencing day; and (b) to whom the following apply immediately before the commencing day— (i) the transferred employee was performing a transferred function specified in column 1 of the table in Schedule 3; (ii) the transferred employee was performing that function at an integrated fire station, or Country Fire Authority premises, at an address or location set out in column 2 of the table in Schedule 3; (iii) the transferred employee belonged to a staff classification specified in column 3 of the table in Schedule 3— is to be regarded as— (c) having been employed by Fire Rescue Victoria with effect from the commencing day; and (d) having been so employed on the same terms and conditions as those that applied to the transferred employee, immediately before the commencing day, as an employee of the Chief Officer or the Country Fire Authority under section 17 of the **Country Fire Authority Act 1958** or otherwise; and (e) having accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the transferred employee had accrued, as an employee of the Chief Officer or the Country Fire Authority under section 17 of the **Country Fire Authority Act 1958** or otherwise, immediately before the commencing day. (2) The service of a transferred employee as an employee of Fire Rescue Victoria is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the commencing day, as an employee of the Chief Officer or the Country Fire Authority under section 17 of the **Country Fire Authority Act 1958** or otherwise. (3) 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 Chief Officer or the Country Fire Authority under section 17 of the **Country Fire Authority Act 1958** or otherwise because of this section. (4) Nothing in this section prevents— (a) any of the terms and conditions of employment of a transferred employee being altered by or under any law, award or agreement with effect from any time after the commencing day; or (b) a transferred employee from resigning or being dismissed at any time after the commencing day in accordance with the then existing terms and conditions of the transferred employee's employment. S. 103 inserted by No. 20/2019 s. 82.