Document ID: chunk:federal_register_of_legislation:C2004A03814:body:0:p11
Version: federal_register_of_legislation:C2004A03814
Segment Type: other
Provision Reference: 
Character Range: 25103–27770

39g or subsection (2) of this section, this Act does not affect any accrued rights that the staff member had immediately before the transition in relation to any kind of leave.
"(4) Where:
     (a) if the staff member had, immediately before the transition, ceased to be employed by SMEC, it would have been necessary to take into account a period during which the staff member was employed by SMEC or any other person to determine:
        (i) an amount payable to the staff member; or
        (ii) a benefit to which the staff member would have been entitled; because of his or her so ceasing; and
     (b) but for this subsection, some or all of that period would not have to be taken into account as a period during which the staff member was employed by SMEC;
SMEC shall treat the whole of the first-mentioned period as a period during which the staff member was employed by it.

Effect of sections 39g and 39h
"39j. Sections 39g and 39h are enacted only for the avoidance of doubt and, in particular, do not limit subsection 65 (5) or 87 (2) of the Companies Act 1981.

Variation of terms and conditions of employment
"39k. (1) It is a term of each staff member's employment after the transition that the terms and conditions of that employment may be varied to the extent to which, and in the manner in which, the terms and conditions of his or her employment could, immediately before the transition, be varied under this Act.
"(2) Nothing in this Part prevents the terms and conditions of a staff member's employment after the transition from being varied:
     (a) in accordance with those terms and conditions; or
     (b) by or under a law, award, determination or agreement.
"(3) In this section:
     'terms and conditions' includes a term or condition existing because of subsection (1);
     'vary', in relation to terms and conditions, includes vary by way of:
        (a) omitting any of those terms and conditions;
        (b) adding to those terms and conditions; or
        (c) substituting new terms or conditions for any of those terms and conditions.

Application of Part IV of Public Service Act
"39l. For the purposes of the application of Part IV of the Public Service Act 1922 in relation to a staff member, SMEC shall be taken to be, at and after the transition, a Commonwealth authority for the purposes of that Part.

"PART Vc—TAXATION MATTERS

Interpretation
"39m. In this Part:
'exempt matter' means:
        (a) the issue of shares under subsection 18b (2);
        (b) the reservation of name made by paragraph 18c (5) (b);
        (c) the change of name made by subsection 18d (1);
        (d) SMEC's registration as a company by