Queensland Consolidated Acts

PUBLIC SERVICE ACT 2008 - SECT 293

293 Application of s 149 for existing temporary or casual employees

(1) This section applies if—

(a) immediately before the commencement, a person was employed as a relevant employee in a department; and

(b) the person—

(i) has, on the commencement, been continuously employed as a relevant employee for a period of at least 1 year but not more than 2 years; or

(ii) within 3 months after the commencement, would have been continuously employed as a relevant employee for a period of at least 1 year if the amending Act had not commenced.

(2) The person may ask the department’s chief executive for a decision under section 149(3) within—

(a) 3 months after the commencement; or

(b) if a longer period for a particular class of employees of which the person is a member is agreed between the department’s chief executive and an employee organisation for the class of employee, and approved by the commission chief executive—the longer period.

(3) For applying section 149 to the person—

(a) a reference in section 149 to a fixed term temporary employee is taken to include a reference to the person; and

(b) the period for which the person was continuously employed as a relevant employee is to be taken into account for working out the period for which the person has been continuously employed in the department.

(4) The department’s chief executive must decide the request within 28 days after the period mentioned in subsection (2)(a) or (b) ends.

(5) In this section—

"amending Act" means the Public Service and Other Legislation Amendment Act 2020 .

"employee organisation" see the Industrial Relations Act 2016 , schedule 5 .

"relevant employee" means a person employed on a temporary or casual basis under section 147 or 148 as in force before the commencement.