Document ID: chunk:federal_register_of_legislation:C2015A00087:clause:2_32
Version: federal_register_of_legislation:C2015A00087
Segment Type: clause
Provision Reference: sch 2 cl 32
Character Range: 85962–87624

32  Transferring employees—terms and conditions of employment with APRA
(1) A transferring employee is entitled to terms and conditions of appointment as an employee of APRA that are no less favourable, considered on an overall basis, than the terms and conditions of employment to which the employee was entitled, immediately before the transition time, as an employee of the Council.
(2) Subitem (1) ceases to have effect on the next occasion when an enterprise agreement (within the meaning of the Fair Work Act 2009) comes into operation that is:
 (a) made on or after the transition time; and
 (b) expressed to cover persons appointed under subsection 45(1) of the APRA Act.
(3) The first determination (if any) that the Chair of APRA makes under subsection 45(2) of the APRA Act for a transferring employee may:
 (a) be made before or after the transition time; and
 (b) take effect from the transition time or a later time.
(4) To avoid doubt:
 (a) the Chair of APRA may determine different terms and conditions of appointment under subsection 45(2) of the APRA Act for different transferring employees; and
 (b) a transferring employee may be covered by any of the following instruments (whether made before or after the transition time) that is expressed to cover a class of persons appointed under subsection 45(1) of the APRA Act that includes the transferring employee:
 (i) a fair work instrument (within the meaning of the Fair Work Act 2009);
 (ii) a transitional instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009);
 (iii) a determination made under subsection 45(2) of the APRA Act.