164Staff to be transferred from the old corporation to the new corporation

164 Staff to be transferred from the old corporation to the new corporation (1) A person who was an employee of the old corporation immediately before the commencement day is deemed to be an employee of the new corporation. (b) having the same terms and conditions as those that applied to the person in relation to his or her employment with the old corporation immediately before the commencement day; and (c) having accrued an entitlement to benefits in connection with the employment with the new corporation that is equivalent to the entitlement that the person had accrued, as an employee of the old corporation, immediately before the commencement day. (3) The service of a transferred employee with the new corporation is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the commencement day, as an employee of the old corporation. (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 corporation because of the operation of this Division. (5) A certificate purporting to be signed by the chief executive officer of the new corporation certifying that the person named in the certificate was, with effect from the commencement day, employed, by virtue of this section, with the new corporation, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it. (6) The superannuation entitlements of any person who is a transferred employee are deemed not to be affected by that person becoming a transferred employee. (7) If a transferred employee was, immediately before the appointed day an officer within the meaning of the **State Superannuation Act 1988**, he or she continues to be such an officer. (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 commencement day; or (b) a transferred employee from resigning or being dismissed at any time after the commencement day in accordance with the existing terms and conditions of his or her employment with the new corporation. (9) This section applies to the person occupying the position of chief executive officer of the Melbourne Port Corporation immediately before the commencement day, and the amendment to this Act by section 16(3) of the **Port Services (Port of Melbourne Reform) Act 2003** does not apply to that person. (10) In this section, ***transferred employee*** means an employee of the old corporation who is deemed to be an employee of the new corporation by subsection (1). Pt 13 (Heading and ss 190–193) repealed by No. 63/1997 s. 8 new Pt 13 (Heading and ss 165–176) inserted by No. 23/2003 s. 24.