Document ID: chunk:federal_register_of_legislation:C2023C00080:clause:1_223:p2
Version: federal_register_of_legislation:C2023C00080
Segment Type: clause
Provision Reference: sch 1 cl 223 (pt 2/3)
Character Range: 40328–43000

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); and
 (b) after the transition time, a person becomes a new employee; and
 (c) either:
 (i) the designated agreement would have covered the Commonwealth and the new employee in relation to the new employee's employment in the Department if the new employee had been an APS employee at the same level in the Department immediately before the transition time; or
 (ii) the designated agreement would have covered the Commonwealth and the new employee in relation to the new employee's employment in the Office of the Renewable Energy Regulator if the new employee had been an APS employee at the same level in the Office of the Renewable Energy Regulator immediately before the transition time; and
 (d) the Chair of the Clean Energy Regulator, by written notice given to the new employee before or within 14 days after the person becomes a new employee, determines that the designated agreement is applicable to the new employee for the purposes of this subitem from the time when the person becomes a new employee;
then:
 (e) the designated agreement (as in force immediately before the transition time) covers the Commonwealth and the new employee in relation to the new employee's employment in the Clean Energy Regulator; and
 (f) the designated agreement has effect after the transition time, in relation to the new 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
 (g) 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 new employee in relation to the new employee's employment in the Clean Energy Regulator;
  paragraphs (e) and (f) cease to apply in relation to the new employee when the enterprise agreement commences.

Delegation
(6) The Chair of the Clean Energy Regulator may, in writing, delegate the power conferred by paragraph (5)(d) to:
 (a) a member of the Clean Energy Regulator; or
 (b) a person who is:
 (i) a member of the staff of the Clean Energy Regulator; and
 (ii) an SES employee or acting SES employee; or
 (c) a person who is:
 (i) a member of the staff of the Clean Energy Regulator; and
 (ii) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position;