Document ID: chunk:federal_register_of_legislation:C2023C00080:clause:1_223:p1
Version: federal_register_of_legislation:C2023C00080
Segment Type: clause
Provision Reference: sch 1 cl 223 (pt 1/3)
Character Range: 37732–40558

223  Transitional—employees of the Clean Energy Regulator

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 Clean Energy Regulator.
(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 Clean Energy Regulator; and
 (d) the designated agreement has effect after the transition time, in relation to the transferring employee's employment in the Clean Energy Regulator, as if it had been made by the Chair of the Clean Energy Regulator 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 Chair of the Clean Energy Regulator 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 Clean Energy Regulator;
  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 Clean Energy Regulator, as if:
 (i) the determination had been made by the Chair of the Clean Energy Regulator; and
 (ii) the determination were applicable to the person's employment in the Clean Energy Regulator; 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 Clean Energy Regulator; and
 (b) the person is not a transferring employee.
(5) If:
 (a) a designated agreement covers the Commonwealth because of subitem (2);