Western Australian Current Acts Western Australian Current Acts (1) Subject to this
section, at the commencement time by virtue of this Act every person employed
by Westpac in Western Australia immediately before that time ceases to be
employed by Westpac and is employed by Challenge, other than those persons
whose names are specified in the certificate given under subsection (2).
(2) Before the
commencement time the Chief Executive Officer of Westpac may, in writing, give
a certificate to the Chief Executive Officer of Challenge specifying the names
of any persons employed by Westpac who are not to be employed by Challenge by
virtue of this Act.
(3) Subject to
subsection (4), a person employed by Challenge as a result of subsection (1)
—
(a) is
taken to be so employed on the same terms and conditions, including as to
remuneration, as those which applied to the person immediately before the
commencement time and those terms and conditions are capable of being varied
in the same manner as before the commencement time;
(b)
retains all of his or her existing and accruing rights in relation to his or
her service with Westpac before the commencement time and in particular in
relation to —
(i)
sick leave, long service leave and retirement; and
(ii)
any provident, benefit, superannuation or retirement
fund;
(c) is,
for all purposes, to have his or her service with Westpac regarded as having
been continuous with his or her service after the commencement time with
Challenge.
(4) A person is not
entitled to receive any payment or other benefit by reason only of having
ceased to be a Westpac employee as a result of subsection (1).
(5) Every reference to
Westpac (or a business name of Westpac) in any document in force immediately
before the commencement time relating to the employment of a Westpac employee
by Westpac is to be read on and after the commencement time as a reference to
Challenge, unless the contrary intention appears, and to the extent that any
such document was binding on and enforceable by, or against, Westpac before
the commencement time the document is binding and of full force and effect in
every respect against Challenge as if Challenge instead of Westpac were a
party to it or bound by it.
(6) Subsection (5)
does not apply in respect of any document relating to a provident, benefit,
superannuation or retirement fund relating to a Westpac employee.
(7) Sections 13 and 15
apply in relation to a Westpac employee, or a former employee of Westpac or
person who served with Westpac, as if in those sections —
(a) a
reference to “Challenge” were a reference to “Westpac”
(except in the phrase “Challenge employee”); and
(b) a
reference to “Westpac” were a reference to
“Challenge”.
(8) A person who is
employed by Challenge is to be engaged exclusively in the provision of
services to Westpac and is subject to the direction and control of the
officers of Westpac who are responsible for the control of the business of
Westpac in Western Australia.
(9) Subsection (8)
—
(a)
applies subject to any law or award or determination relating to the
employment of the person; and
(b)
ceases to apply upon Challenge ceasing to be a related body corporate of
Westpac within the meaning of section 9 of the Corporations Law.