Document ID: chunk:federal_register_of_legislation:C2012A00149:clause:2_8:p1
Version: federal_register_of_legislation:C2012A00149
Segment Type: clause
Provision Reference: sch 2 cl 8 (pt 1/3)
Character Range: 10267–13138

8  Transitional—employees of the National Portrait Gallery of Australia

Transferring employees
(1) For the purposes of this item, a person is a transferring employee if:
 (a) the person was an APS employee in the Department 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 National Portrait Gallery of Australia.
(2) If:
 (a) a person is a transferring employee; and
 (b) immediately before the transition time, the designated agreement applied to the person's employment in the Department;
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 National Portrait Gallery of Australia; and
 (d) the designated agreement has effect after the transition time, in relation to the transferring employee's employment in the National Portrait Gallery of Australia, as if it had been made by the Director of the Gallery 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 Director of the National Portrait Gallery of Australia 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 National Portrait Gallery of Australia;
  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 the Department;
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 National Portrait Gallery of Australia, as if:
 (i) the determination had been made by the Director of the National Portrait Gallery of Australia; and
 (ii) the determination were applicable to the person's employment in the National Portrait Gallery of Australia; 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 National Portrait Gallery of Australia; and
 (b) the person is not a transferring employee.
(5) If:
 (a) the designated agreement covers the Commonwealth because of subitem (2); and
 (b) after the transition time, a person becomes a new employee; and
 (c) the