Commonwealth Consolidated Acts

MOOMBA-SYDNEY PIPELINE SYSTEM SALE ACT 1994 - SECT 32

  (1)   This section applies to a staff member of the Authority:

  (a)   who was eligible to consent under subsection   7(2) and who has not done so; or

  (b)   who consented under subsection   7(2) but revoked that consent under subsection   7(3).

  (2)   Subject to subsection   ( 3), the staff member is, for all purposes, taken to have resigned from the staff member's appointment or engagement under the Pipeline Authority Act 1973 . The resignation takes effect at the time determined in writing in relation to the staff member by an authorised person for the purposes of this section.

  (3)   Subsection   ( 2) does not apply to a staff member of the Authority who notifies the Chief Executive Officer of the Authority in writing that the staff member:

  (a)   is not consenting under subsection   7(2); or

  (b)   is revoking his or her consent under subsection   7(3);

because he or she believes that the terms and conditions of employment, taken as a whole, that would apply to the staff member on and after the sale day are not equivalent to the terms and conditions of employment, taken as a whole, applying to the staff member immediately before the sale day.

  (4)   If:

  (a)   a staff member:

  (i)   has not consented under subsection   7(2); or

  (ii)   has revoked his or her consent under subsection   7(3); and

  (b)   the terms and conditions of employment, taken as a whole, that would apply to the staff member on and after the sale day are not equivalent to the terms and conditions of employment, taken as a whole, applying to the staff member immediately before the sale day;

Newco may make a second offer of employment with Newco under subsection   59(1).

  (5)   If:

  (a)   a staff member:

  (i)   has not consented under subsection   7(2); or

  (ii)   has revoked his or her consent under subsection   7(3); and

  (b)   the terms and conditions of employment, taken as a whole, that would apply to the staff member on and after the sale day are equivalent to the terms and conditions of employment, taken as a whole, applying to the staff member immediately before the sale day;

Newco must make a second offer of employment with Newco under subsection   59(1) that is the same terms and conditions as the offer under subsection   7(1).

  (6)   For the purposes of subsections   ( 4) and (5), the question of whether terms and conditions of employment, taken as a whole, are equivalent, is to be determined in accordance with the staff transfer agreement.

  (7)   If an authorised person makes a determination under subsection   ( 2), the authorised person must give the staff member a copy of the determination as soon as practicable after it is made.