Williamstown Dockyard Employees Act 1987 (Cth)

Williamstown Dockyard Employees Act 1987

Act No. 160 of 1987 as amended

[Note: This Act was repealed by Act No. 5 of 2011 on 22 March 2011]

This compilation was prepared on 16 March 2000

taking into account amendments up to Act No. 146 of 1999

The text of any of those amendments not in force

on that date is appended in the Notes section

The operation of amendments that have been incorporated may be

affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

      

Contents

An Act to make provision for certain employees of Williamstown Dockyard

  1Short title [see Note 1]

This Act may be cited as the Williamstown Dockyard Employees Act 1987.

2Commencement [see Note 1]

This Act shall come into operation on a day to be fixed by Proclamation.

3Interpretation

In this Act, unless the contrary intention appears:

Dockyard means the Williamstown Dockyard at Williamstown in Victoria.

Purchaser means the purchaser of all the right, title and interest of the Commonwealth in the business, chattels and stock of the Dockyard.

relevant employee means:

1. (a)

   a person appointed or engaged under the Public Service Act 1999; or

2. (b)

   a person engaged under section 42 of the Naval Defence Act 1910;

who is, and has continuously been since the commencement of the transition period, employed in or in connection with the Dockyard.

remuneration includes a fringe benefit within the meaning of the Fringe Benefits Tax Assessment Act 1986.

the Service means the APS within the meaning of the Public Service Act 1999.

transfer day means the day next following the last day of the transition period.

transition period means the period of 3 months, or such longer period as the Minister specifies by notice in writing published in the Gazette, commencing on the day on which the Purchaser takes possession of the Dockyard.

4Certain employees deemed to have been retired

Where, during the transition period, a relevant employee accepts an offer of employment from the Purchaser, the employee shall:

1. (a)

   be deemed to have been retired on the transfer day from the Service or from his or her employment under the Naval Defence Act 1910, as the case may be; and

2. (b)

   if, on the transfer day, the employee has not attained the age of 60 years—be taken, for the purposes of the Superannuation Act 1976, to be a person who is deemed by subsection 58(3) of that Act to have retired involuntarily.

5Certain employees deemed to resign

1. (1)

   Subject to subsection (2), where, during the transition period, a relevant employee does not accept an offer of employment that has been made by the Purchaser, the employee shall, on the transfer day, be deemed to have resigned from the Service or from his or her employment under the Naval Defence Act 1910, as the case may be.

2. (2)

   Subsection (1) does not apply to a relevant employee who declines an offer of employment with the Purchaser because the remuneration payable to the employee under the terms and conditions of employment offered by the Purchaser is less than the remuneration payable to the employee by the Commonwealth immediately before the transfer day.

Notes to theWilliamstown Dockyard Employees Act 1987

Note 1

The Williamstown Dockyard Employees Act 1987 as shown in this compilation comprises Act No. 160, 1987 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Williamstown Dockyard Employees Act 1987	160, 1987	26 Dec 1987	1 Feb 1988 (see Gazette 1988, No. S19)
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (items 981, 982): 5 Dec 1999 (see Gazette 1999, No. S584) (a)	—

(a) The Williamstown Dockyard Employees Act 1987 was amended by Schedule 1 (items 981 and 982) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

1. (1)

   In this Act, commencing time means the time when the Public Service Act 1999 commences.

2. (2)

   Subject to this section, this Act commences at the commencing time.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 3.........................................	am. No. 146, 1999