Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_320
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 320
Character Range: 100458–101957

320  SES staff
 If, immediately before the ABCC abolition time, a person:
 (a) was an SES employee; and
 (b) was a member of the staff of the Australian Building and Construction Commission; and
 (c) was not covered by the ABCC Enterprise Agreement; and
 (d) was not covered by an agreement under section 26 of the Public Service Act 1999 for the person to move to an Agency from the Australian Building and Construction Commission; and
 (e) had not otherwise arranged to move to an Agency from the Australian Building and Construction Commission;
then:
 (f) the person's employment is taken to have been terminated at the ABCC abolition time under section 29 of the Public Service Act 1999 on the ground that the person is excess to the requirements of the Australian Building and Construction Commission; and
 (g) section 38 of the Public Service Act 1999 does not apply to the termination of the person's employment; and
 (h) for the purposes of section 119 of the Fair Work Act 2009, the person's employment is taken to have been terminated at the ABCC abolition time at the employer's initiative because the employer no longer requires the job done by the person to be done by anyone; and
 (i) the person is to be paid by the Fair Work Ombudsman, on behalf of the Commonwealth, any amounts that are payable by the Commonwealth to the person as a result of the termination of the person's employment.
Note: For the definition of SES employee, see section 2B of the Acts Interpretation Act 1901.