61. (1) Every person who immediately before the establishment day was a member of the staff of the Authority shall on that day become a member of the staff of the Commission.

(2) Except in accordance with a collective agreement negotiated with a recognised trade union or staff association, a person shall not, on becoming a member of the staff of the Commission under this section, be subject to less favourable terms and conditions of service, including those relating to tenure of office, or of remuneration, than those to which he or she was subject immediately before the establishment day.

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

(a) the Redundancy Payments Acts 1967 to 2014;

(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 2015;

(f) the Terms of Employment (Information) Acts 1994 to 2014;

(g) the Organisation of Working Time Act 1997;

(h) the Parental Leave Acts 1998 to 2019;

(i) the Carer’s Leave Act 2001;

(j) the Maternity Protection Acts 1994 and 2004;

(k) the Adoptive Leave Acts 1995 and 2005, together with the amendments of the Adoptive Leave Act 1995 in Part 2 of the Family Leave and Miscellaneous Provisions Act 2021;

(l) the Paternity Leave and Benefit Act 2016;

(m) the Parent’s Leave and Benefit Act 2019.

(4) A superannuation scheme made under section 16 of the Principal Act, before the coming into operation of section 8, and in force immediately before the establishment day, shall continue in force on and after that day and shall—

(a) be considered to be a scheme made under section 18 of the Principal Act as substituted by section 8, and

(b) be construed as if references to a member of the staff of the Commission included references to a member of the staff of the Authority.