Queensland Numbered Acts

STATUTORY BODIES LEGISLATION AMENDMENT ACT 2007 No. 20 - SECT 32

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 Authority--

(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 30AF on the conditions on which the person would have been employed by the Authority, immediately before the person became an employee of the employing office, if the Authority 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 Authority; and

(ii) would have accrued to the person if the Authority 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 Authority.

'(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 Authority 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 30AF on the conditions on which the person would have been employed by the Authority, on the ending of the arrangement, if--

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

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

'(6) Subsections (2) and (5)(b) do not limit section 30AF(3) and (4).

'(7) In this section--

employee of the Authority includes a seconded employee.

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

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