Document ID: chunk:federal_register_of_legislation:C2016A00024:clause:6_12:p1
Version: federal_register_of_legislation:C2016A00024
Segment Type: clause
Provision Reference: sch 6 cl 12 (pt 1/2)
Character Range: 75101–77926

12  Terms and conditions of employment for new employees

Transferred agreement to cover new employees
(1) If:
 (a) a person (the new employee) becomes an APS employee in the Federal Court Statutory Agency at a time (the employment time) that is on or after the commencement time; and
 (b) at the employment time the transferred agreement applies to a transferred employee;
then:
 (c) after the employment time, the transferred agreement covers the Federal Court CEO, on behalf of the Commonwealth, and the new employee in relation to the new employee's employment in the Federal Court Statutory Agency; and
 (d) if:
 (i) another enterprise agreement (the new agreement) comes into operation after the employment time; and
 (ii) the new agreement is made by the Federal Court CEO on behalf of the Commonwealth; and
 (iii) the new agreement covers the Federal Court CEO, on behalf of the Commonwealth, and the new employee in relation to the new employee's employment in the Federal Court Statutory Agency;
  then, when the new agreement comes into operation, the transferred agreement ceases to cover the new employee in relation to the new employee's employment in the Federal Court Statutory Agency.
Note: Even though the transferred agreement covers the new employee because of paragraph (1)(c), it might not apply to the new employee (for example, because another enterprise agreement applies to the new employee).

Only one agreement to apply to new employees
(2) If, at the employment time, both the transferred agreement and the Federal Court agreement (see subitem (3)) cover the Federal Court CEO, on behalf of the Commonwealth, and the new employee in relation to the new employee's employment in the Federal Court Statutory Agency, then:
 (a) the Federal Court CEO may determine that one of those enterprise agreements applies to the new employee in relation to the new employee's employment in the Federal Court Statutory Agency; and
 (b) if:
 (i) another enterprise agreement (the new agreement) comes into operation after the employment time; and
 (ii) the new agreement is made by the Federal Court CEO on behalf of the Commonwealth; and
 (iii) the new agreement covers the Federal Court CEO, on behalf of the Commonwealth, and the new employee in relation to the new employee's employment in the Federal Court Statutory Agency;
  then, when the new agreement comes into operation, the enterprise agreement determined by the Federal Court CEO under paragraph (a) ceases to apply to the new employee in relation to the new employee's employment in the Federal Court Statutory Agency.
(3) The Federal Court agreement is:
 (a) the enterprise agreement known as the Federal Court of Australia Enterprise Agreement 2011—2014; or
 (b) if another enterprise agreement is prescribed by the rules—that agreement.

Rules