Document ID: chunk:federal_register_of_legislation:C2004A04008:body:0:p11
Version: federal_register_of_legislation:C2004A04008
Segment Type: other
Provision Reference: 
Character Range: 30291–32868

other than a protected name.

Effect on State and Territory laws

"50. This Part does not prevent a protected body from registering a name under a law of a State or Territory.

"PART IV—STAFF MATTERS

Employment of staff members continues after transition

"51. Subject to this Part, each staff member continues, at and after the transition to be employed by CSL on the terms and conditions on which he or she was employed by CSL immediately before the transition.

Act not to affect certain matters relating to staff members

"52. (1) This section has effect for the purposes of the application, at any time at or after the transition, of a law, award, determination or agreement in relation to the employment of a staff member.

"(2) Neither his or her contract of employment, nor his or her period of employment, shall be taken to have been broken by the operation of this Act.

"(3) Without limiting section 51 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 CSL, it would have been necessary to take into account a period during which the staff member was employed by CSL 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 CSL;

CSL shall treat the whole of the first-mentioned period as a period during which the staff member was employed by it.

Effect of sections 51 and 52

"53. Sections 51 and 52 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

"54. (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