Document ID: chunk:federal_register_of_legislation:C2018C00106:section:32:p1
Version: federal_register_of_legislation:C2018C00106
Segment Type: section
Provision Reference: s 32 (pt 1/2)
Character Range: 33197–35818

32  Certain staff members of the Authority taken to have resigned
 (1) This section applies to a staff member of the Authority:
 (a) who was eligible to consent under subsection 7(2) and who has not done so; or
 (b) who consented under subsection 7(2) but revoked that consent under subsection 7(3).
 (2) Subject to subsection (3), the staff member is, for all purposes, taken to have resigned from the staff member's appointment or engagement under the Pipeline Authority Act 1973. The resignation takes effect at the time determined in writing in relation to the staff member by an authorised person for the purposes of this section.
 (3) Subsection (2) does not apply to a staff member of the Authority who notifies the Chief Executive Officer of the Authority in writing that the staff member:
 (a) is not consenting under subsection 7(2); or
 (b) is revoking his or her consent under subsection 7(3);
because he or she believes that the terms and conditions of employment, taken as a whole, that would apply to the staff member on and after the sale day are not equivalent to the terms and conditions of employment, taken as a whole, applying to the staff member immediately before the sale day.
 (4) If:
 (a) a staff member:
 (i) has not consented under subsection 7(2); or
 (ii) has revoked his or her consent under subsection 7(3); and
 (b) the terms and conditions of employment, taken as a whole, that would apply to the staff member on and after the sale day are not equivalent to the terms and conditions of employment, taken as a whole, applying to the staff member immediately before the sale day;
Newco may make a second offer of employment with Newco under subsection 59(1).
 (5) If:
 (a) a staff member:
 (i) has not consented under subsection 7(2); or
 (ii) has revoked his or her consent under subsection 7(3); and
 (b) the terms and conditions of employment, taken as a whole, that would apply to the staff member on and after the sale day are equivalent to the terms and conditions of employment, taken as a whole, applying to the staff member immediately before the sale day;
Newco must make a second offer of employment with Newco under subsection 59(1) that is the same terms and conditions as the offer under subsection 7(1).
 (6) For the purposes of subsections (4) and (5), the question of whether terms and conditions of employment, taken as a whole, are equivalent, is to be determined in accordance with the staff transfer agreement.
 (7) If an authorised person makes a determination under subsection (2), the authorised person must give the staff member a copy of the determination as soon