223Transfer of staff from Port of Melbourne Corporation to Port of Hastings Development Authority

223 Transfer of staff from Port of Melbourne Corporation to Port of Hastings Development Authority (1) In this section— ***2011 Act*** means the **Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011**; ***Port of Hastings commencement*** means the day on which sections 6, 7 and 11 of the 2011 Act come into operation. (2) The Secretary must list in writing the employees and officers of the Port of Melbourne Corporation employed by the Port of Melbourne Corporation immediately before the Port of Hastings commencement who are to be employed by the Port of Hastings Development Authority. (3) An employee or officer listed under subsection (2) is taken— (a) to be employed by the Port of Hastings Development Authority with effect from the Port of Hastings commencement; and (b) to be employed by the Port of Hastings Development Authority on the same terms and conditions as those that applied to the employee or officer, immediately before that commencement, as an employee or officer of the Port of Melbourne Corporation; and (c) having accrued an entitlement to benefits in connection with that employment by the Port of Hastings Development Authority, that is equivalent to the entitlement that the employee or officer had accrued, as an employee or officer of the Port of Melbourne Corporation, immediately before that commencement. (4) The service of an employee or officer listed under subsection (2) is to be regarded for all purposes as having been continuous with the service of the employee or officer, immediately before the Port of Hastings commencement, as an employee or officer of the Port of Melbourne Corporation. (5) An employee or officer listed under subsection (2) is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee or officer of the Port of Melbourne Corporation because of the operation of this Division. (6) The superannuation entitlements of any employee or officer listed under subsection (2) are taken not to be affected by that employee or officer becoming an employee or officer of the Port of Hastings Development Authority. (7) Nothing in this section prevents— (a) any of the terms and conditions of employment of an employee or officer listed under subsection (2) from being altered by or under any law, award or agreement with effect from any time after the Port of Hastings commencement; or (b) an employee or officer listed under subsection (2) from resigning or being dismissed at any time after the Port of Hastings commencement in accordance with the then existing terms and conditions of that employee or officer's employment. Division 2—Transfer of property to Victorian Regional Channels Authority S. 224 inserted by No. 38/2011 s. 21.