Victorian Numbered Acts Victorian Numbered Acts(1) On the commencement day, a person who was an employee of the old body immediately before the commencement day is taken to be an employee of the new body.
(2) A transferred employee is taken to—
(a) be employed in the same position in the new body as the position that the transferred employee occupied in the old body, with effect on and from the commencement day; and
(b) be employed on the same terms and conditions as the transferred employee had under the transferred employee's employment with the old body immediately before the commencement day; and
(c) have accrued an entitlement to
benefits in connection with the employment with the new body
that is equivalent to the entitlement that the transferred employee
had accrued, as an employee
of the old body, immediately before the
commencement day.
(3) The service of a transferred employee with the new body is taken to be continuous with that service of the transferred employee as an employee of the old body that ceased immediately before the commencement day.
(4) A transferred employee is not entitled to receive any payment or other benefit merely because the transferred employee ceased to be an employee of the old body because of the operation of this Part.
(5) The chief executive officer of the new body may give a certificate certifying that, by the operation of this section, the person named in the certificate was taken to be employed with the new body with effect on and from the commencement day.
(6) A certificate purporting to be signed by the chief executive officer to the effect set out in subsection (5) is admissible in evidence in any proceeding and is proof of the matters stated in it.
(7) The superannuation entitlements of any person who is a transferred employee are taken not to be affected by that person becoming a transferred employee.
(8) If a transferred employee was, immediately before the commencement day, an officer within the meaning of the State Superannuation Act 1988 , the transferred employee continues to be such an officer.
(9) 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 on or after the commencement day; or
(b) a transferred employee from resigning or being dismissed on or after the commencement day in accordance with the existing terms and conditions of the transferred employee's employment with the new body.
(10) In this section—
"transferred employee" means an employee of the old body who is taken to be an
employee of the new body by subsection (1).
Part 5—Amendment of Conservation, Forests and Lands Act 1987