39HAct not to affect certain matters relating to staff members

#### 39H Act not to affect certain matters relating to staff members (1) This section has effect for the purposes of the application, at any time at or after the transition, of a law, award, determination or agreement in relation to the employment of a staff member. (2) Neither his or her contract of employment, nor his or her period of employment, shall be taken to have been broken by the operation of this Act. (3) Without limiting section 39G or subsection (2) of this section, this Act does not affect any accrued rights that the staff member had immediately before the transition in relation to any kind of leave. (4) Where: (a) if the staff member had, immediately before the transition, ceased to be employed by SMEC, it would have been necessary to take into account a period during which the staff member was employed by SMEC or any other person to determine: (i) an amount payable to the staff member; or (ii) a benefit to which the staff member would have been entitled; because of his or her so ceasing; and (b) but for this subsection, some or all of that period would not have to be taken into account as a period during which the staff member was employed by SMEC; SMEC shall treat the whole of the first‑mentioned period as a period during which the staff member was employed by it.