39Transfer to Telstra of employees of former corporation

#### 39 Transfer to Telstra of employees of former corporation (1) A person who was an employee of a former telecommunications corporation immediately before the succession day is taken: (a) to have been engaged by Telstra as an employee of Telstra with effect from the succession day; and (b) to have been so engaged on the same terms and conditions as those that applied to the person, immediately before the succession day, as an employee of the former corporation; and (c) to have accrued an entitlement to benefits, in connection with that engagement by Telstra, that is equivalent to the entitlement that the person had accrued, as an employee of the former corporation, immediately before the succession day. (2) The service of a transferred employee as an employee of Telstra is taken for all purposes to have been continuous with the service of the employee, immediately before the succession day, as an employee of the former corporation. (3) A transferred employee is not entitled to receive any payment or other benefit merely because he or she ceased to be an employee of the former corporation by virtue of this Act or the repeal of the Australian Telecommunications Corporation Act 1989 or of the OTC Act 1946, as the case may be. (4) A director, secretary or auditor of the former corporation does not, because of the operation of this Act, become a director, secretary or auditor of Telstra.