Document ID: chunk:federal_register_of_legislation:C2012C00820:clause:1_106:p4
Version: federal_register_of_legislation:C2012C00820
Segment Type: clause
Provision Reference: sch 1 cl 106 (pt 4/4)
Character Range: 78406–80111

behalf of the Commonwealth; and
 (iii) apart from paragraphs (d), (e) and (f), the enterprise agreement covers the Commonwealth and the new employee in relation to the new employee's employment in the Department;
  paragraphs (d), (e) and (f) cease to apply in relation to the new employee when the enterprise agreement commences.

Section 58 of the Fair Work Act 2009
(8) Paragraphs (2)(h), (4)(j) and (7)(h) have effect subject to section 58 of the Fair Work Act 2009.

Delegation
(9) The Secretary may, in writing, delegate the powers conferred by paragraphs (4)(e) and (7)(c) to an SES employee in the Department.

Legislative instrument
(10) A determination made under paragraph (4)(e) or (7)(c) is not a legislative instrument.

Definitions
(11) In this item:
award‑based transitional instrument has the same meaning as in Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
collective agreement‑based transitional instrument has the same meaning as in Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
commence, in relation to an enterprise agreement, means begin to operate.
designated agreement means:
 (a) the Medicare Australia Collective Agreement 2008‑2011; or
 (b) the Medicare Australia (Medical Officers) Collective Agreement 2008‑2011; or
 (c) a collective agreement‑based transitional instrument.
enterprise agreement has the same meaning as in the Fair Work Act 2009.
individual agreement‑based transitional instrument has the same meaning as in Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
modern award has the same meaning as in the Fair Work Act 2009.