(1) The power to
engage and manage the staff of the Authority is vested in the board.
(2) The power
conferred by subsection (1) —
(a)
includes powers to determine remuneration and other terms and conditions of
service of staff, to remove, suspend and discipline staff and to terminate the
employment of staff; and
(b) does
not preclude the delegation of any matter under section 23.
(3) The remuneration
of and other terms and conditions of employment of staff are not to be less
favourable than is provided for in —
(a) an
applicable award, order or agreement under the Industrial Relations Act 1979
; or
(b) the
Minimum Conditions of Employment Act 1993 .
(4) There are excluded
from the operation of Part II Division 2B of the Industrial Relations Act 1979
—
(a) any
matters dealt with by an instrument issued under section 12 except —
(i)
rates of remuneration; and
(ii)
leave; and
(iii)
hours of duty; and
(iv)
matters that are similar to matters prescribed for the
purposes of section 99(1)(a)(iv) 1 of the Public Sector Management Act 1994 ;
and
(b)
matters concerning the management of the staff that are similar to matters
prescribed for the purposes of section 99(1)(c) 1 of the
Public Sector Management Act 1994 .
(5) A matter referred
to in subsection (4) cannot be varied or affected by an employer-employee
agreement made under Part VID of the Industrial Relations Act 1979 .
(6) Nothing in this
section other than subsection (5) affects the operation of Part VID of the
Industrial Relations Act 1979 .
[Section 11 inserted: No. 67 of 2004 s. 12(1).]