Document ID: chunk:federal_register_of_legislation:C2016A00024:clause:6_11
Version: federal_register_of_legislation:C2016A00024
Segment Type: clause
Provision Reference: sch 6 cl 11
Character Range: 72600–75101

11  Terms and conditions of employment for transferred employees

Transferring enterprise agreement
(1) If:
 (a) a person is a transferred employee; and
 (b) immediately before the commencement time, one of the following enterprise agreements (the transferred agreement) applied to the person's employment in the old Statutory Agency:
 (i) the enterprise agreement known as the Federal Magistrates Court of Australia and Family Court of Australia Enterprise Agreement 2011—2014;
 (ii) if the rules prescribe another enterprise agreement—that agreement;
then:
 (c) after the commencement time, the transferred agreement applies to the Federal Court CEO, on behalf of the Commonwealth, and the transferred employee in relation to the transferred employee's employment in the Federal Court Statutory Agency; and
 (d) written policies or guidelines made by the Family Court CEO for the purposes of the transferred agreement that are in force immediately before the commencement time continue in force (and may be dealt with) after the commencement time as if they had been made by the Federal Court CEO for those purposes; and
 (e) if:
 (i) another enterprise agreement (the new agreement) comes into operation after the commencement time; and
 (ii) the new agreement is made by the Federal Court CEO on behalf of the Commonwealth; and
 (iii) the new agreement covers the Federal Court CEO, on behalf of the Commonwealth, and the transferred employee in relation to the transferred employee's employment in the Federal Court Statutory Agency;
  then, when the new agreement comes into operation, the transferred agreement ceases to apply to the transferred employee in relation to the transferred employee's employment in the Federal Court Statutory Agency.

Transferring APS determinations
(2) If:
 (a) a person is a transferred employee; and
 (b) immediately before the commencement time, a determination under subsection 24(1) of the Public Service Act 1999 applied to the person's employment in the old Statutory Agency;
then the determination (as in force immediately before the commencement time and to the extent to which it relates to the transferred employee) has effect (and may be dealt with) after the commencement time, in relation to the transferred employee's employment in the Federal Court Statutory Agency, as if:
 (c) the determination had been made by the Federal Court CEO; and
 (d) the determination were applicable to the person's employment in the Federal Court Statutory Agency.