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STATUTORY BODIES LEGISLATION AMENDMENT ACT 2007 No. 20 - SECT 115

115 Insertion of new ch 9, pt 5, div 8

After section 1146--

insert--

'(1) This section applies to a person who--

(a) becomes an employee of the employing office for a water authority; and
(b) was an employee of the water authority--
(i) immediately before the commencement of this section; and
(ii) immediately before becoming an employee of the employing office.

'(2) On becoming an employee of the employing office for the water authority, the person is taken to be employed under section 630 on the conditions on which the person would have been employed by the water authority, immediately before the person became an employee of the employing office, if the water authority had never become an employer under the Workplace Relations Act 1996 (Cwlth).

'(3) Also--

(a) the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that--
(i) have accrued or were accruing to the person as an employee of the water authority; and
(ii) would have accrued to the person if the water authority had never become an employer under the Workplace Relations Act 1996 (Cwlth); and
(b) if the person is a member of a superannuation scheme--
(i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and
(ii) the person's membership of the scheme is not affected.

'(4) Without limiting subsection (3), for working out the person's rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, employment of the person by the employing office for the water authority is a continuation of employment of the person by the water authority.

'(5) Subsection (2) does not limit section 630(3) and (4).

'The employing office for a water authority is taken to be bound by the industrial instruments that bound the water authority immediately before it became an employer under the Workplace Relations Act 1996 (Cwlth).

'Nothing in the Statutory Bodies Legislation Amendment Act 2007, part 11, affects the powers of a water authority under section 550.

'(1) Chapter 4, part 3, division 4, as in force immediately before the commencement of this section (the repealed division), continues to apply in relation to persons employed by the water authority under the repealed division immediately before the commencement while that employment continues.

'(2) This section does not limit section 1149.'.



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