Cemeteries and Crematoria Act 2003

Before the relevant staff transfer date, the Secretary may prepare a list of employees of Brimbank City Council, Darebin City Council, Mildura Rural City Council or Wyndham City Council who are eligible to become employees of a new Class A cemetery trust established by this Schedule on that date.

A person is eligible to be a listed employee if that person—

is employed by a municipal council referred to in subclause (1) primarily for the purposes of a cemetery trust or any public cemetery for which it is responsible; and

agrees to be transferred in accordance with this Schedule.

The list may specify the listed employees—

by name or position; or

by class or category; or

by reference to a municipal council, a cemetery trust, public cemetery or other place; or

by any combination of paragraphs (a) to (c).

The list must specify the new Class A cemetery trust established by this Schedule which, on the staff transfer date, is to become the employer of each listed employee specified on the list.

Nothing in this clause prevents a person specified as a listed employee under this clause from resigning or being dismissed at any time before the relevant staff transfer date in accordance with the terms and conditions of his or her employment.