Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:18_20b
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 18 cl 20B
Character Range: 603502–605259

20B  Transferred employees

Existing agreements to continue
(1) This item applies if:
 (a) an APS employee is moved, under paragraph 72(1)(a) of the Public Service Act 1999, from an old Agency to a new Agency; and
 (b) the employee's employment in the old Agency was subject to:
 (i) a collective agreement; or
 (ii) an AWA or pre‑reform AWA (and therefore also a collective agreement which had no effect while the AWA or pre‑reform AWA operated in relation to the employee).
(2) The collective agreement, AWA or pre‑reform AWA, as the case requires, has effect after the move in relation to the employee's employment as if it had been made with the Agency Head of the new Agency on behalf of the Commonwealth.

Agency Head to determine which agreement applies to new employee
(3) If:
 (a) a new employee is employed in a new Agency; and
 (b) more than one collective agreement‑based transitional instrument applies to the employment of employees in that Agency;
the Agency Head may determine that any one of those instruments applies to the employment of the new employee.

Regulations
(4) The regulations may provide for other matters of a transitional nature in relation to the transfer of employees from an old Agency to a new Agency.

Definitions
(5) In this item:
Agency Head has the same meaning as in the Public Service Act 1999.
new Agency means:
 (a) Fair Work Australia; or
 (b) the Office of the Fair Work Ombudsman.
new employee, in a new Agency, means an employee who was not moved to the new Agency from an old Agency as mentioned in paragraph (1)(a).
old Agency means:
 (a) the Australian Industrial Registry; or
 (b) the AFPC Secretariat; or
 (c) the Workplace Authority; or
 (d) the Office of the Workplace Ombudsman.

Fair Work Act 2009