Western Australian Current Acts Western Australian Current Acts Notwithstanding any
other provision of this Act —
(a) on
the appointed day each employee of WA Trustees shall cease to be an employee
of WA Trustees and shall become an employee of Perpetual Trustees but, for the
purposes of every written and other law, award, determination, contract and
agreement relating to the employment of each such employee, the
employee’s contract of employment shall be deemed to be unbroken and the
period of the employee’s service with WA Trustees shall be deemed to
have been a period of service with Perpetual Trustees;
(b) the
terms and conditions of the employment of each transferred employee with
Perpetual Trustees shall —
(i)
on the appointed day (and after that day until varied) be
identical with the terms and conditions of the employee’s employment
with WA Trustees immediately before the appointed day, and be capable of
variation in the same manner as they were immediately before that day; and
(ii)
subject to any written or other law, award or
determination relating to those terms and conditions, also be capable of
variation in the same manner as the general terms and conditions of employment
of other persons employed by Perpetual Trustees are capable of variation;
(c) a
transferred employee shall not be entitled to receive any payment or other
benefit by reason only of ceasing by virtue of this Act to be an employee of
WA Trustees;
(d)
nothing in this Act, other than paragraph (c), affects rights or liabilities
under any provident, benefit, superannuation or retirement fund or scheme
relating to employees of WA Trustees; and
(e) a
director, secretary or auditor of WA Trustees does not by virtue of this Act
become a director, secretary or auditor of Perpetual Trustees.