Document ID: chunk:federal_register_of_legislation:C2016C00432:clause:2_13
Version: federal_register_of_legislation:C2016C00432
Segment Type: clause
Provision Reference: sch 2 cl 13
Character Range: 18620–20737

13  Non‑APS employees in FAL or FFC on contract of employment transferred to Screen Australia as non‑APS employees
(1) This item applies to a person if:
 (a) the person is employed by FAL or FFC, on a contract of employment, immediately before the transition time; and
 (b) Part 11 of, and Schedule 9 to, the Workplace Relations Act 1996 do not apply to the contract of employment; and
 (c) the person is not covered by a determination that:
 (i) is made under section 72 of the Public Service Act 1999; and
 (ii) causes the person, at the transition time, to become a member of the staff of Screen Australia engaged under the Public Service Act 1999.
(2) At the transition time, the person ceases to be employed by FAL or FFC and is taken to have been employed by Screen Australia under subsection 31(2) of the Screen Australia Act 2008.
(3) The contract of employment continues in force at and after the transition time as if it were a contract of employment between the person and Screen Australia.
(4) The person is taken to have accrued an entitlement to benefits, in connection with that employment by Screen Australia, that is equivalent to the entitlement that the person had as an employee of FAL or FFC immediately before the transition time.
(5) The service of the person as an employee of Screen Australia is taken, for all purposes, to have been continuous with his or her service as an employee of FAL or FFC.
(6) This item does not prevent the contract of employment of the person from being varied after the transition time:
 (a) in accordance with that contract; or
 (b) by or under a law, award, determination or agreement.
(7) To avoid doubt, this item does not apply to the following:
 (a) a director of FAL or FFC;
 (b) the Managing Director/Chief Executive of FAL;
 (c) the Chief Executive of FFC.
(8) In this item:
vary, in relation to a contract of employment, includes:
 (a) omitting any of the terms and conditions of the contract; or
 (b) adding to the terms and conditions of the contract; or
 (c) substituting new terms or conditions for any of the terms and conditions of the contract.