Queensland Numbered Acts

STATUTORY BODIES LEGISLATION AMENDMENT ACT 2007 No. 20 - SECT 10

Part 6--

insert--

'(1) This section applies to a person who--

(a) becomes an employee of the employing office; and

(b) was an employee of the corporation--

(i) immediately before the commencement of this section; and

(ii) immediately before becoming an employee of the employing office.

'(2) On becoming an employee of the employing office, the person is taken to be employed under section 20A on the conditions on which the person would have been employed by the corporation, immediately before the person became an employee of the employing office, if the corporation had never become an employer under the Workplace Relations Act 1996 (Cwlth).

'(3) Also--

(a) the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that--

(i) have accrued or were accruing to the person as an employee of the corporation; and

(ii) would have accrued to the person if the corporation had never become an employer under the Workplace Relations Act 1996 (Cwlth); and

(b) if the person is a member of a superannuation scheme--

(i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and

(ii) the person's membership of the scheme is not affected.

'(4) Without limiting subsection (3), for working out the person's rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, employment of the person by the employing office is a continuation of employment of the person by the corporation.

'(5) If the person was a seconded employee immediately before becoming an employee of the employing office, the arrangement under which the person was performing work for a government entity other than the corporation may continue until the arrangement ends, and, if the arrangement does continue--

(a) subsection (2) does not apply to the person; and

(b) on the ending of the arrangement, the person is taken to be employed under section 20A on the conditions on which the person would have been employed by the corporation, on the ending of the arrangement, if--

(i) the person had continued to be an employee of the corporation; and

(ii) the corporation had never become an employer under the Workplace Relations Act 1996 (Cwlth).

'(6) Subsections (2) and (5)(b) do not limit section 20A(3) and (4).

'(7) In this section--

employee of the corporation includes a seconded employee.

seconded employee means an employee of the corporation performing work for another government entity under an arrangement entered into, before the commencement of this section, by the corporation with the appropriate authority of the other government entity.

'The employing office is taken to be bound by the industrial instruments that bound the corporation immediately before it became an employer under the Workplace Relations Act 1996 (Cwlth).

'Nothing in the Statutory Bodies Legislation Amendment Act 2007, part 2, affects the powers of the corporation under section 7.

'(1) Part 2, division 5, as in force immediately before the commencement of this section (the repealed division), continues to apply in relation to persons employed by the corporation under the repealed division immediately before the commencement while that employment continues.

'(2) Also, section 19 of the repealed division continues to apply to those persons on the ending of their employment by the corporation.

'(3) Section 37, as in force immediately before the commencement of this section, continues to apply in relation to persons employed by the corporation under repealed section 37(3) immediately before the commencement while that employment continues.

'(4) This section does not limit section 62.'.