(1) This section applies to a staff member of the Authority:
(a) who was eligible to consent under subsection 57(2) but has not done so; or
(b) who consented under subsection 57(2) but revoked that consent under subsection 57(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.
Note: A person does not come within paragraph 87N(2)(c) of the Public Service Act 1922 if the person's employment with a public authority is terminated because of the person's resignation.
(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 57(2); or
(b) is revoking his or her consent under subsection 57(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 his or her transfer time are not equivalent to the terms and conditions of employment, taken as a whole, applying to the staff member immediately before his or her transfer time.
(4) If:
(a) a staff member:
(i) has not consented under subsection 57(2); or
(ii) has revoked his or her consent under subsection 57(3); and
(b) the terms and conditions of employment, taken as a whole, that would apply to the staff member on and after his or her transfer time are not equivalent to the terms and conditions of employment, taken as a whole, applying to the staff member immediately before his or her transfer time;
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 57(2); or
(ii) has revoked his or her consent under subsection 57(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 57(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.