(Section 5 (4))
Each former member of the JCB staff is transferred to the approved company specified, in the order of the Minister referred to in section 5 (2), in relation to the former member of the JCB staff concerned, and that former member of the JCB staff is to be regarded for all purposes as having become an employee of the approved company concerned on the dissolution date.
A transferred employee is (until other provision is duly made under any Act or law) to be employed in accordance with any relevant statutory provisions, awards, agreements and determinations that would have applied to the employee if the employee had not been transferred but had instead remained on the staff of the Joint Coal Board (and that Board had continued in existence).
A transferred employee retains, as an employee of an approved company, any rights to annual leave, extended service leave, sick leave and other forms of leave, accrued or accruing in his or her employment with the Joint Coal Board (except accrued leave for which the employee has, on ceasing to be a member of the staff of the Joint Coal Board, been paid the monetary value in pursuance of any other entitlement of the employee).
(1) This clause applies to a person who becomes, because of this Schedule, an employee of an approved company.(2) A person to whom this clause applies is not entitled to receive any payment or other benefit merely because the person ceases to be a member of the staff of the Joint Coal Board.(3) A person to whom this clause applies is not entitled to claim, both under this Act and under any other Act, dual benefits of the same kind for the same period of service.
(1) In this Part:
EISS means the electricity industry superannuation scheme.
transferred employee means a former member of the JCB staff who is transferred, under clause 1, to an approved company.
transferred person means a transferred employee who is transferred, under clause 6, to the EISS.
Trust Deed means the trust deed dated 30 June 1997 and entered into by the Treasurer and Energy Industries Superannuation Scheme Pty Ltd (ACN 077 947 285), as trustee, pursuant to section 127 of the Superannuation Administration Act 1996.(2) Expressions used in this Part have the same meaning as they have in the Superannuation Administration Act 1996, including section 128A.
(1) The Treasurer may, by order in writing, transfer a transferred employee from an FTC scheme or an STC scheme to the EISS.(2) The Treasurer is not to make such an order in respect of a particular transferred employee unless the employee concerned has, no later than 3 months after the dissolution date, elected, by notice in writing given to the Trustee of the EISS, to transfer to the EISS.Note. Under the Superannuation Act 1916 and the State Authorities Superannuation Act 1987, the benefits of transferred employees who were, immediately before being transferred, contributors to either of the schemes established under those Acts are preserved. The benefits may, at the employee’s option, be “rolled over” into certain other schemes.(3) The Treasurer, FTC and STC are to take all necessary steps generally to facilitate the superannuation coverage of transferred persons by the EISS.(4) For that purpose, the Treasurer may enter into arrangements with the trustee of the EISS, including arrangements for the amendment of the Trust Deed.(5) Section 127 of the Superannuation Administration Act 1996 does not limit or otherwise affect the operation of this clause and, in particular, does not prevent the transfer to the EISS of transferred persons or the superannuation coverage of transferred persons by the EISS.
(1) Regulations may be made for or with respect to the transfer of transferred employees from an FTC scheme or an STC scheme to the EISS in accordance with a direction of the Treasurer under this Part.(2) In particular regulations may be made for or with respect to the following:(a) the transfer of assets and liabilities of an FTC scheme or an STC scheme, in respect of a transferred person, to the EISS,(b) the transfer of assets and liabilities within an FTC scheme or STC scheme, or between any such schemes, from any reserve in respect of the employer or former employer of a transferred person to the Crown’s reserve,(c) the preservation or deferral of benefits of transferred persons,(d) the entitlements, rights and obligations under the EISS of a transferred person,(e) providing for the resolution, by a prescribed authority or person, of all or any prescribed class of disputes concerning the entitlements, rights and obligations of a transferred person under the EISS.(3) A regulation made under this Part has effect despite any provision of an Act under which an FTC scheme or an STC scheme is constituted.
For the purposes of section 128A of the Superannuation Administration Act 1996, a transferred person is taken to be an employee referred to in section 128A (3) (a).