Document ID: chunk:federal_register_of_legislation:C2012C00820:clause:2_67:p1
Version: federal_register_of_legislation:C2012C00820
Segment Type: clause
Provision Reference: sch 2 cl 67 (pt 1/4)
Character Range: 130320–133325

67  Transitional—employment agreements and determinations

Transferring employees
(1) For the purposes of this item, a person is a transferring employee if:
 (a) the person was an APS employee in Centrelink 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 Department.
(2) If:
 (a) a person is a transferring employee (other than an SES employee); and
 (b) immediately before the transition time, a designated agreement applied to the person's employment in Centrelink; and
 (c) there is no enterprise agreement that:
 (i) commences at the transition time; and
 (ii) was made by the Secretary on behalf of the Commonwealth; and
 (iii) covers the Commonwealth and the transferring employee in relation to the transferring employee's employment in the Department;
then:
 (d) 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
 (e) 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
 (f) the designated agreement has effect after the transition 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
 (g) if the transferring employee becomes an SES employee after the transition time—paragraphs (d), (e) and (f) cease to apply in relation to the transferring 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 transferring employee in relation to the transferring employee's employment in the Department;
  paragraphs (d), (e) and (f) 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, an individual agreement‑based transitional instrument applied to the person's employment in Centrelink;
the individual agreement‑based 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