Document ID: chunk:federal_register_of_legislation:C2023C00080:clause:1_225:p1
Version: federal_register_of_legislation:C2023C00080
Segment Type: clause
Provision Reference: sch 1 cl 225 (pt 1/3)
Character Range: 44246–47107

225  Transitional—employees of the Climate Change Authority

Transferring employees
(1) For the purposes of this item, a person is a transferring employee if:
 (a) the person was an APS employee in:
 (i) the Department; or
 (ii) the Office of the Renewable Energy Regulator;
  immediately before the transition time; and
 (b) the person is 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 an APS employee in the Climate Change Authority.
(2) If:
 (a) a person is a transferring employee; and
 (b) immediately before the transition time, a designated agreement applied to the person's employment in the Department or the Office of the Renewable Energy Regulator, as the case may be;
then:
 (c) the designated agreement (as in force immediately before the transition time) covers the Commonwealth and the transferring employee in relation to the transferring employee's employment in the Climate Change Authority; and
 (d) the designated agreement has effect after the transition time, in relation to the transferring employee's employment in the Climate Change Authority, as if it had been made by the Chief Executive Officer of the Climate Change Authority on behalf of the Commonwealth; and
 (e) if:
 (i) an enterprise agreement commences after the transition time; and
 (ii) the enterprise agreement was made by the Chief Executive Officer of the Climate Change Authority on behalf of the Commonwealth; and
 (iii) the enterprise agreement covers the Commonwealth and the transferring employee in relation to the transferring employee's employment in the Climate Change Authority;
  paragraphs (c) and (d) cease to apply in relation to the transferring employee when the enterprise agreement commences.
(3) If:
 (a) a person is a transferring employee; and
 (b) immediately before the transition time, a determination under subsection 24(1) of the Public Service Act 1999 applied to the person's employment in:
 (i) the Department; or
 (ii) the Office of the Renewable Energy Regulator;
then:
 (c) the determination (to the extent to which it relates to the transferring employee) has effect after the transition time, in relation to the transferring employee's employment in the Climate Change Authority, as if:
 (i) the determination had been made by the Chief Executive Officer of the Climate Change Authority; and
 (ii) the determination were applicable to the person's employment in the Climate Change Authority; and
 (d) paragraph (c) does not prevent the variation or revocation of the determination.

New employees
(4) For the purposes of this item, a person is a new employee if:
 (a) the person is an APS employee in the Climate Change Authority; and
 (b) the person is not a transferring employee.
(5) If:
 (a) a designated agreement covers