58Certain staff members of the Authority who received a Newco employment offer under section 57 taken to have resigned

#### 58 Certain staff members of the Authority who received a Newco employment offer under section 57 taken to have resigned (1) This section applies to a staff member of the Authority: (a) who was eligible to consent under subsection 57(2) but has not done so; or (b) who consented under subsection 57(2) but revoked that consent under subsection 57(3). (2) Subject to subsection (3), the staff member is, for all purposes, taken to have resigned from the staff member’s appointment or engagement under the Pipeline Authority Act 1973. The resignation takes effect at the time determined in writing in relation to the staff member by an authorised person for the purposes of this section. > Note: A person does not come within paragraph 87N(2)(c) of the Public Service Act 1922 if the person’s employment with a public authority is terminated because of the person’s resignation. (3) Subsection (2) does not apply to a staff member of the Authority who notifies the Chief Executive Officer of the Authority in writing that the staff member: (a) is not consenting under subsection 57(2); or (b) is revoking his or her consent under subsection 57(3); because he or she believes that the terms and conditions of employment, taken as a whole, that would apply to the staff member on and after his or her transfer time are not equivalent to the terms and conditions of employment, taken as a whole, applying to the staff member immediately before his or her transfer time. (4) If: (a) a staff member: (i) has not consented under subsection 57(2); or (ii) has revoked his or her consent under subsection 57(3); and (b) the terms and conditions of employment, taken as a whole, that would apply to the staff member on and after his or her transfer time are not equivalent to the terms and conditions of employment, taken as a whole, applying to the staff member immediately before his or her transfer time; Newco may make a second offer of employment with Newco under subsection 59(1). (5) If: (a) a staff member: (i) has not consented under subsection 57(2); or (ii) has revoked his or her consent under subsection 57(3); and (b) the terms and conditions of employment, taken as a whole, that would apply to the staff member on and after the sale day are equivalent to the terms and conditions of employment, taken as a whole, applying to the staff member immediately before the sale day; Newco must make a second offer of employment with Newco under subsection 59(1) that is the same terms and conditions as the offer under subsection 57(1). (6) For the purposes of subsections (4) and (5), the question of whether terms and conditions of employment, taken as a whole, are equivalent, is to be determined in accordance with the staff transfer agreement. (7) If an authorised person makes a determination under subsection (2), the authorised person must give the staff member a copy of the determination as soon as practicable after it is made.