137.— (1) In this section—

“recognised trade union or association of employees” means—

(a) a trade union, or

(b) an association of employees,

recognised by the Authority for the purposes of negotiations that are concerned with the terms and conditions of employment;

“terms and conditions of service” includes terms and conditions in respect of tenure of office, remuneration and related matters.

(2) The Minister, in relation to civil servants serving in the Department of Health and Children and the Minister for Justice and Law Reform, in relation to civil servants serving in the Department of Justice and Law Reform, shall designate civil servants immediately before the establishment day to be transferred to the Authority on the establishment day.

(3) Staff transferred in accordance with subsection (2) are deemed to be public servants in the employment of the Authority.

(4) Save in accordance with a collective agreement negotiated with any recognised trade unions and staff associations concerned, a person who is transferred to the Authority under subsection (2) shall not, at the time of the transfer, receive pay at a lesser scale of pay or be made subject to less beneficial terms and conditions of service (including those relating to tenure of office) than the scale of pay to which the person was entitled or the terms and conditions of service (including those relating to tenure of office) to which he or she was subject immediately before the transfer.

(5) The previous service in the civil service of a person transferred under this section is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts:

(a) the Redundancy Payments Acts 1967 to 2007;

(b) the Protection of Employees (Part-Time Work) Act 2001;

(c) the Protection of Employees (Fixed-Term Work) Act 2003;

(d) the Organisation of Working Time Act 1997;

(e) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(f) the Unfair Dismissals Acts 1977 to 2007;

(g) the Maternity Protection Acts 1994 and 2004;

(h) the Parental Leave Acts 1998 and 2006;

(i) the Adoptive Leave Acts 1995 and 2005;

(j) the Carer’s Leave Act 2001;

(k) the Terms of Employment (Information) Acts 1994 and 2001.