Document ID: chunk:federal_register_of_legislation:C2004A04932:body:0:p3
Version: federal_register_of_legislation:C2004A04932
Segment Type: other
Provision Reference: 
Character Range: 5312–7927

staff member is identified in a written determination that is made by an authorised person and takes effect at the commencing time, the staff member becomes a CASA staff member at the commencing time.

(3) If:

    (a) a person has become an AA employee or CASA staff member under subsection (1) or (2), or by a previous application of this subsection; and

    (b) the person is identified in a written determination by an authorised person that:

        (i) is made within 12 months after the commencing time; and

        (ii) states that the person is to become an AA employee or a CAS A staff member at a time specified in the determination that is not later than 12 months after the commencing time;

the person becomes an AA employee or CAS A staff member, as the case may be, at the time specified in the determination.

(4) A person who becomes an AA employee or CASA staff member under this section:

    (a) must be employed on terms and conditions that are not less favourable than the terms and conditions that applied to the person's previous employment; and

    (b) is entitled to retain, as an AA employee or CASA staff member, all the benefits that had accrued to the person in respect of the person's previous employment, as if those benefits had accrued in respect of the person's employment as an AA employee or CASA staff member, as the case may be.

(5) Nothing in this section prevents terms and conditions of employment being varied after the commencing time.

(6) In this section:

"previous employment" means:

    (a) for a CAA staff member who becomes an AA employee or CASA staff member—employment as a CAA staff member; or

    (b) for an AA employee who becomes a CASA staff member— employment as an AA employee; or

    (c) for a CASA staff member who becomes an AA employee— employment as a CASA staff member.

Transfer of CAA assets and liabilities to AA and CASA

9.(1) Subject to this section, the assets and liabilities of CAA become the assets and liabilities of AA at the commencing time.

(2) If an asset or liability is identified in a written determination that is made by an authorised person and takes effect at the commencing time, the asset or liability becomes an asset or liability of CASA at the commencing time.

(3) If:

    (a) an asset or liability has become an asset or liability of AA or CASA under subsection (1) or (2), or by a previous application of this subsection; and

    (b) the asset or liability is identified in a written determination by an authorised person that:

        (i) is made after the commencing time; and

        (ii) states that