Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_319:p1
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 319 (pt 1/5)
Character Range: 88717–91383

319  Non‑SES staff

Scope
(1) This item applies to a person if, immediately before the ABCC abolition time, the person:
 (a) was an APS employee (other than an SES employee); and
 (b) was a member of the staff of the Australian Building and Construction Commission; and
 (c) was covered by the ABCC Enterprise Agreement; and
 (d) was not covered by an agreement under section 26 of the Public Service Act 1999 for the person to move to an Agency from the Australian Building and Construction Commission; and
 (e) had not otherwise arranged to move to an Agency from the Australian Building and Construction Commission.
Note 1: For the definition of APS employee, see section 2B of the Acts Interpretation Act 1901.
Note 2: For the definition of SES employee, see section 2B of the Acts Interpretation Act 1901.

Termination of employment
(2) The following provisions have effect:
 (a) the person's employment is taken to have been terminated at the ABCC abolition time under section 29 of the Public Service Act 1999 on the ground that the person is excess to the requirements of the Australian Building and Construction Commission;
 (b) for the purposes of section 119 of the Fair Work Act 2009, the person's employment is taken to have been terminated at the ABCC abolition time at the employer's initiative because the employer no longer requires the job done by the person to be done by anyone;
 (c) the person is to be paid by the Fair Work Ombudsman, on behalf of the Commonwealth, any amounts that are payable by the Commonwealth to the person as a result of the termination of the person's employment.

Termination payments—person not offered voluntary redundancy
(3) If:
 (a) immediately before the ABCC abolition time, the person:
 (i) was an ongoing employee; and
 (ii) was not on probation; and
 (b) the person was not offered a voluntary redundancy under clause 252 of the ABCC Enterprise Agreement before the ABCC abolition time;
then, after the termination of the person's employment:
 (c) the ABCC Enterprise Agreement does not apply to the person; and
 (d) the person is entitled to be reimbursed by the Fair Work Ombudsman, on behalf of the Commonwealth, for expenditure incurred by the person within 2 months after the ABCC abolition time in obtaining independent financial advice (up to a limit of $1,000); and
 (e) the person is entitled to be reimbursed by the Fair Work Ombudsman, on behalf of the Commonwealth, for expenditure incurred by the person within 2 months after the ABCC abolition time in obtaining career counselling (up to a limit of $1,000); and
 (f) the person is entitled to be paid by the Fair Work Ombudsman, on behalf of the