8. (1) In this section—“award” has the same meaning as in the Industrial Relations Act 1988 of the Commonwealth; “eligible employment”, in relation to a benefit relating to the employment of a transferred employee, means—
(a) employment with the Board or the Territory; or
(b) employment with an employer other than the Board or the Territory that was recognised by the Board or the Territory, as the case may be, as employment for the purposes of that benefit;
(2) Subject to subsection (3), where, immediately before the relevant day, a person was employed by the Territory as part of the staff of the Board under the Public Sector Act, the person ceases on the relevant day to be employed under that Act and shall, on and after the relevant day, be employed by the Company.
(3) For the purposes only of section 6 of the Australian Capital Territory Government Service (Consequential Provisions) Act 1994 of the Commonwealth, a transferred employee who was an officer under the Public Sector Act immediately before the relevant day shall, during the period commencing on the relevant day and ending at the expiration of—
(a) 30 June 1998;
(b) his or her employment with the Company; or
(c) the day immediately preceding a day specified under subsection (6);
whichever first occurs, continue to be an officer within the meaning of the Public Sector Act and as such be taken to be on leave without pay.
(4) The management standards may provide for the incidents attaching to the leave referred to in subsection (3).
(5) For the purposes of subsection (3), a transferred employee who is dismissed and reinstated shall be taken to have continued to be a transferred employee during the period between his or her dismissal and reinstatement.
(6) Where the Minister administering the Public Sector Act is satisfied—
(a) that a provision of a law of the Commonwealth provides, or on its commencement will provide, in relation to mobility between employment with the Company and the Australian Public Service of persons referred to in subsection (3); and
(b) that the provision came into operation on a day or will commence on a particular day;
the Minister may specify that day by notice in the Gazette .
(7) At the expiration of the day immediately preceding the day specified under subsection (6), subsection (3) shall be taken to have expired or will expire, as the case may be.
(8) A transferred employee retains benefits, if any, in respect of—
(a) long service leave;
(b) maternity leave;
(c) parental leave;
(d) recreation leave; and
(e) leave of absence on account of illness;
that had accrued to that employee immediately before the relevant day.
(9) In addition to any relevant award conditions, the benefits referred to in paragraphs (8) (a) to (e) (inclusive) shall accrue to an employee on the same basis that they accrued to transferred employees immediately before the relevant day.
(10) For the purposes of subsections (8) and (9), a reference in—
(a) the Public Sector Act;
(b) the management standards; or
(c) a declaration under section 19 of the Public Sector Management (Consequential and Transitional Provisions) Act 1994 ;
to a person or thing mentioned in Column 1 of the following table shall be taken to be a reference to the corresponding person or thing mentioned in Column 2 of the following table:
Board of Directors of the Company
relevant Chief Executive
Chief Executive Officer of the Company
permanent employee of the Company
casual employee of the Company
employee of the Company
(11) For the purposes of subsection (10), the regulations may provide that a reference to a person or thing provided for in or under the Public Sector Act relating to employment in the Service shall be taken to be a reference to a person or thing relating to employment by the Company that is specified for that purpose in the regulations.
(12) The Company shall, in consultation with relevant staff organisations, establish and maintain appeal, review and grievance procedures in respect of employment matters.
(13) To the extent that the entitlement of a transferred employee to a benefit relating to his or her employment is determined by the employee's period of employment before he or she became a transferred employee, the period of eligible employment of the employee that is relevant to that benefit shall be taken to have been employment with the Company.
(14) Any matter or thing relating to the employment of a transferred employee that occurred before the relevant day may be dealt with or provided for on or after that day as if the person had been employed by the Company at that time.
(15) Any matter or thing relating to the employment of a transferred employee that was pending under the Public Sector Act immediately before the relevant day and that would, but for this subsection, lapse on that day may, on and after that day, be completed as if the Public Sector Act still applied.
(16) Any matter or thing relating to the employment of a transferred employee that was in effect under the Public Sector Act immediately before the relevant day and that would, but for this subsection, cease to have effect on that day shall, on and after that day, continue in effect as if the person had been employed by the Company at that time.
(17) The provisions of the Occupational Health and Safety Act 1989 apply in relation to employees subject to the modifications and adaptations specified in Schedule 3 to the Public Sector Act.
(18) This section is intended to operate subject to any applicable award or any applicable agreement between the Company and employees of the Company.