Port Management Act 1995

A transferred employee is to be regarded as—

being employed in his or her new position with effect on and from the appointed day; and

having the same terms and conditions as those that applied to the person in relation to his or her employment with the VCA immediately before the appointed day; and

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 VCA, immediately before the appointed day.

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 appointed day, as an employee of VCA.

A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of VCA because of the operation of this Division.

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 appointed 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.

The superannuation entitlements of any person who is a transferred employee are deemed not to be affected by that person becoming a transferred employee.

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.

Nothing in this section prevents—

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 appointed day; or

a transferred employee from resigning or being dismissed at any time after the appointed day in accordance with the existing terms and conditions of his or her employment with the new corporation.

In this section, transferred employee means a person listed under section 174.