45.—(1) (a) The postal company shall accept into its employment F35[with effect from the vesting day] in accordance with the terms of this Act every person who immediately before the vesting day is a member of the staff of the Department of Posts and Telegraphs and is designated F36[whether before, on or after the vesting day] by the Minister for employment by that company.

(b) The telecommunications company shall accept into its employment F35[with effect from the vesting day] in accordance with the terms of this Act every person who immediately before the vesting day is a member of that staff and is designated F36[whether before, on or after the vesting day] by the Minister for employment by that company.

(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a member of the staff of the Department of Posts and Telegraphs who is transferred F35[with effect from the vesting day] to either company shall not, while in the service of the company, receive a lesser scale of pay or be brought to less beneficial conditions of service than the scale of pay to which he was entitled and the conditions of service to which he was subject immediately before the vesting day.

(3) Until such time as the scales of pay and conditions of service of staff so transferred are varied by the company, following consultation with recognised trade unions and staff associations, the scales of pay to which they were entitled and the conditions of service, restrictions, requirements and obligations to which they were subject before their transfer shall continue to apply to them and may be exercised or imposed by the board or the Chief Executive, as the case may be, of the relevant company while they are in its service. As provided in subsection (2), no such variation shall operate to worsen the scales of pay and conditions of service applicable to such staff immediately before the vesting day, save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned.

(4) The conditions in regard to tenure of office which are granted by either company in relation to a member of the staff so transferred shall not, while he is in the service of the company, be less favourable to him than those prevailing for the time being in the civil service; any alteration in the conditions in regard to tenure of office of any such member shall not be less favourable to him than the prevailing conditions in the civil service at the time of such alteration, save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned. If a dispute arises between either company and any such member as to conditions prevailing in the civil service, the matter shall be determined by the Minister for the Public Service after consultation with the Minister.

(5) In relation to staff transferred to either company, previous service in the civil service shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Holidays (Employees) Act, 1973, the Minimum Notice and Terms of Employment Act, 1973, and the Unfair Dismissals Act, 1977.