Victorian Current Acts

SUSTAINABILITY VICTORIA ACT 2005 - SECT 22

    (1)     A transferred employee is to be regarded as—

        (a)     having been employed under Part 3 of the Public Administration Act 2004 , with effect from the relevant day; and

        (b)     being employed from the relevant day by the Secretary; and

        (c)     having been so employed on the same terms and conditions as those that applied to him or her immediately before the relevant day as an officer or employee of EcoRecycle Victoria; and

        (d)     having accrued an entitlement to benefits in connection with that employment under Part 3 of the Public Administration Act 2004 that is equivalent to the entitlement that he or she had accrued, as an officer or employee of EcoRecycle Victoria, immediately before the relevant day.

    (2)     The service of a transferred employee as an employee under Part 3 of the Public Administration Act 2004 is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the relevant day, as an officer or employee of EcoRecycle Victoria.

    (3)     A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of EcoRecycle Victoria because of the operation of this Part.

    (4)     A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the relevant day, employed, by virtue of this section, under Part 3 of the Public Administration Act 2004 , is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.

    (5)     The superannuation entitlements of a transferred employee are to be taken not to be affected by that person becoming a transferred employee.

    (6)     Nothing in this section prevents—

        (a)     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 relevant day; or

        (b)     a transferred employee from resigning or being dismissed at any time after that commencement in accordance with the then existing terms and conditions of his or her employment under Part 3 of the Public Administration Act 2004 .

Ss 23–26 repealed by No. 29/2011 s. 3(Sch. 1 item 95).

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See:
Act No.
40/1990.
Reprint No. 2
as at
1 July 2000
and amending
Act No. 108/2004.
LawToday:
www. legislation. vic.gov.au