Document ID: chunk:federal_register_of_legislation:C2012C00820:clause:1_106:p3
Version: federal_register_of_legislation:C2012C00820
Segment Type: clause
Provision Reference: sch 1 cl 106 (pt 3/4)
Character Range: 75863–78657

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 Service Act 1999 applied to the person's employment in Medicare Australia;
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 Department, as if:
 (i) the determination had been made by the Secretary; and
 (ii) the determination were applicable to the person's employment in the Department; and
 (d) paragraph (c) does not prevent the variation or revocation of the determination.

New employees
(6) For the purposes of this item, a person is a new employee if:
 (a) the person is an APS employee (other than an SES employee) in the Department; and
 (b) the person is not a transferring employee.
(7) If:
 (a) a designated agreement covers the Commonwealth because of subitem (2); and
 (b) after the transition time, a person becomes a new employee; and
 (c) the Secretary, by written notice given to the new employee before or within 14 days after the person becomes a new employee, determines that the designated agreement is applicable to the new employee for the purposes of this subitem from the time when the person becomes a new employee;
then:
 (d) the designated agreement (as in force immediately before the transition time):
 (i) covers the Commonwealth and the new employee in relation to the new employee's employment in the Department; and
 (ii) applies to the new employee's employment in the Department; and
 (e) while the designated agreement covers the Commonwealth and the new employee in relation to the new employee's employment in the Department, no other enterprise agreement, modern award or award‑based transitional instrument covers the new employee in relation to the new employee's employment in the Department; and
 (f) the designated agreement has effect after the transition time, in relation to the new employee's employment in the Department, as if it had been made by the Secretary on behalf of the Commonwealth; and
 (g) if the new employee becomes an SES employee after the transition time—paragraphs (d), (e) and (f) cease to apply in relation to the new employee; and
 (h) 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 (d), (e) and (f), the enterprise agreement covers the Commonwealth and the new employee in relation to the new employee's employment in the Department;
  paragraphs (d), (e) and (f) cease to