Queensland Numbered Acts

STATUTORY BODIES LEGISLATION AMENDMENT ACT 2007 No. 20 - SECT 75

Part 7--

insert--

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

(a) becomes a public service employee; and

(b) was an employee of the board--

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

(ii) immediately before becoming a public service employee.

'(2) On becoming a public service employee--

(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 board; and

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

'(3) Without limiting subsection (2), 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 as a public service employee is a continuation of employment of the person by the board.

'For the purpose of the Industrial Relations Act 1999, section 167, a department or public service office does not become the successor of any part of the business of the board only because the department or public service office becomes the employer of persons previously employed by the board.

'Nothing in the Statutory Bodies Legislation Amendment Act 2007, part 7, affects the powers of the board under section 14.

'(1) Section 41, as in force immediately before the commencement of this section, continues to apply in relation to persons employed by the board under the section immediately before the commencement while that employment continues.

'(2) This section does not limit section 74.

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

(a) immediately before the commencement of this section, was an officer mentioned in section 35(3) as in force immediately before that commencement; and

(b) on the commencement, continues to perform work for the board.

'(2) For sections 16, 17, 34 and 39, until the chief executive of the department enters into a work performance arrangement with the board the person is taken to be an employee of a department or other government entity performing work for the board under a work performance arrangement.

'(3) If, immediately before the commencement of this section, a delegation of a power to the person was in force under section 34 or 39, as the section was in force immediately before the commencement, the delegation continues in force until it is revoked.'.