Queensland Consolidated Acts

PUBLIC SERVICE ACT 2008 - SECT 294A

294A Application of s 149B for existing temporary and casual employees

(1) This section applies in relation to a person if—

(a) immediately before the commencement, the person was an employee employed on a temporary or casual basis in a department under former section 147 or 148; and

(b) the day that is the end of 2 years of continuous employment in the department by the person occurs on or after the commencement; and

(c) section 293 does not apply to the person, or the person does not ask for a decision under that section.

(2) Section 149B applies in relation to the person.

(3) For applying section 149B—

(a) a reference in section 149B 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 on a temporary or casual basis under former section 147 or 148 is to be taken into account for working out the period for which the person has been continuously employed in the department; and

(c) if the person is employed on a casual basis, the required period is taken to be the later of—

(i) 4 months after the commencement; or

(ii) 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; or

(iii) the required period for the decision about the person under section 149B(9).

(4) Subsection (5) applies if—

(a) the person is employed on a casual basis; and

(b) before the end of the required period mentioned in subsection (3)(c), the person would have become eligible for a review of the person’s employment under former section 149A if the Public Service and Other Legislation Amendment Act 2020 had not commenced.

(5) In addition to section 149B as applied under subsections (2) and (3), former section 149A and any directive made under that section continue to apply in relation to the person as if the Public Service and Other Legislation Amendment Act 2020 had not commenced.

(6) In this section—

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

"former section 147 or 148" means section 147 or 148 as in force before the commencement.

"former section 149A" means section 149A as in force before the commencement.