40. (1) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association, the Commission shall accept into its employment on the establishment day each person (other than the chief executive of the National Consumer Agency) who immediately before that day was a member of the staff of a dissolved body on such terms and conditions of service relating to remuneration as are not less favourable than the terms and conditions of service relating to remuneration to which the person was subject immediately before that day.

(2) The terms and conditions to which a person is subject upon his or her becoming a member of the staff of the Commission in accordance with subsection (1) shall be deemed to have been determined by the Commission in accordance with subsection (2) of section 28.

(3) In relation to a person transferred to the staff of the Commission under subsection (1), previous service with a dissolved body shall be reckonable for the purpose of, but subject to any exceptions or exclusions in, the following enactments:

(a) the Redundancy Payments Acts 1967 to 2012 ;

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

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

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

(e) the Unfair Dismissals Acts 1977 to 2007 ;

(f) the Terms of Employment (Information) Acts 1994 to 2012 ;

(g) the Organisation of Working Time Act 1997;

(h) the Parental Leave Acts 1998 and 2006 ;

(i) the Carer’s Leave Act 2001;

(j) the Maternity Protection Acts 1994 and 2004 ;

(k) the Adoptive Leave Acts 1995 and 2005.