Document ID: chunk:federal_register_of_legislation:C2014C00581:section:36:p2
Version: federal_register_of_legislation:C2014C00581
Segment Type: section
Provision Reference: s 36 (pt 2/3)
Character Range: 62628–65457

on or after the commencing day, and that determination may purport to relate to the Postmaster‑General's Department.
 (4) Where the hearing of the whole or a part of a claim referred to in paragraph (3)(b) was deferred before the commencing day, being a claim or a part of a claim that relates to the Postmaster‑General's Department, subsection (3) does not authorize the making of a determination in respect of that claim or that part of that claim, as the case may be.
 (5) Subject to subsection (6), where a determination referred to in subsection (3) that is made after the commencing day in respect of a claim purports to determine terms and conditions of employment applicable to persons performing the duties of offices included in a class of offices, or designations of persons included in a class of designations of persons, in the Postmaster‑General's Department, a relevant Commission in relation to the claim shall vary the terms and conditions of employment applicable to the officers and employees in its Service in such manner as is necessary to ensure that the terms and conditions of employment, in respect of matters to which the determination relates, of those officers and employees who are performing the duties of positions included in a class of positions in its Service that correspond with that class of offices, designations of persons or positions are no less favourable than those first‑mentioned terms and conditions of employment.
 (6)  Subsection (5) does not apply to a determination made by the Arbitrator or a Deputy Arbitrator:
 (a) until the expiration of the period allowed for the institution of an appeal against the determination; and
  (b) if an appeal is instituted, or appeals are instituted, against the determination—unless the appeal, or each of the appeals, is withdrawn or held not to lie or the determination is confirmed, either with or without a variation.
 (7) For the purposes of making a determination referred to in subsection (3), the Arbitrator, the Deputy Arbitrator or the Conciliation and Arbitration Commission, as the case requires, shall assume that:
 (a) the persons who, immediately before the commencing day, were employed in the Postmaster‑General's Department were continuing, on and after that day, to be members of the Australian Public Service, to be employed in that Department and to be performing the duties that they were performing immediately before that day; and
 (b) the offices established in, and the designations of persons employed in, the Postmaster‑General's Department immediately before the commencing day continued in existence without change of duties, on and after that day, as offices in, and as designations of persons employed in, that Department.
 (8) The Conciliation and Arbitration Commission, the Arbitrator and a Deputy Arbitrator