Document ID: chunk:federal_register_of_legislation:C2012C00820:clause:1_106:p2
Version: federal_register_of_legislation:C2012C00820
Segment Type: clause
Provision Reference: sch 1 cl 106 (pt 2/4)
Character Range: 73044–76119

transitional instrument has effect after the transition time, in relation to the transferring employee's employment in the Department, as if it had been made with the Secretary on behalf of the Commonwealth.
(4) If:
 (a) a person is a transferring employee (other than an SES employee); and
 (b) immediately before the transition time, an individual agreement‑based transitional instrument applied to the person's employment in Medicare Australia; and
 (c) at a time (the cessation time) during the period:
 (i) beginning at the transition time; and
 (ii) ending immediately before the commencement of an enterprise agreement made after the transition time by the Secretary on behalf of the Commonwealth, where (apart from the individual agreement‑based transitional instrument) the enterprise agreement covers the Commonwealth and the transferring employee in relation to the transferring employee's employment in the Department;
  the individual agreement‑based transitional instrument ceases to cover the person's employment; and
 (d) a designated agreement covers the Commonwealth because of subitem (2); and
 (e) the Secretary, by written notice given to the transferring employee before or within 14 days after the cessation time, determines that the designated agreement is applicable to the transferring employee for the purposes of this subitem from the cessation time;
then:
 (f) the designated agreement (as in force immediately before the transition time):
 (i) covers the Commonwealth and the transferring employee in relation to the transferring employee's employment in the Department; and
 (ii) applies to the transferring employee's employment in the Department; and
 (g) while the designated agreement covers the Commonwealth and the transferring employee in relation to the transferring employee's employment in the Department, no other enterprise agreement, modern award or award‑based transitional instrument covers the transferring employee in relation to the transferring employee's employment in the Department; and
 (h) the designated agreement has effect after the cessation time, in relation to the transferring employee's employment in the Department, as if it had been made by the Secretary on behalf of the Commonwealth; and
 (i) if the transferring employee becomes an SES employee after the cessation time—paragraphs (f), (g) and (h) cease to apply in relation to the transferring employee; and
 (j) if:
 (i) an enterprise agreement commences after the transition time; and
 (ii) the enterprise agreement was made by the Secretary on behalf of the Commonwealth; and
 (iii) apart from paragraphs (f), (g) and (h), the enterprise agreement covers the Commonwealth and the transferring employee in relation to the transferring employee's employment in the Department;
  paragraphs (f), (g) and (h) cease to apply in relation to the transferring employee when the enterprise agreement commences.
(5) If:
 (a) a person is a transferring employee; and
 (b) immediately before the transition time, a determination under subsection 24(1) of the Public