Document ID: chunk:federal_register_of_legislation:C2012A00149:clause:2_8:p2
Version: federal_register_of_legislation:C2012A00149
Segment Type: clause
Provision Reference: sch 2 cl 8 (pt 2/3)
Character Range: 12897–15643

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 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; and
 (d) the Director of the National Portrait Gallery of Australia, 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 National Portrait Gallery of Australia; and
 (f) the designated agreement has effect after the transition time, in relation to the new 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
 (g) 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 new employee in relation to the new employee's employment in the National Portrait Gallery of Australia;
  paragraphs (e) and (f) cease to apply in relation to the new employee when the enterprise agreement commences.

Delegation
(6) The Director of the National Portrait Gallery of Australia may, in writing, delegate the power conferred by paragraph (5)(d) to:
 (a) a person who is:
 (i) a member of the staff of the Gallery; and
 (ii) an SES employee or acting SES employee; or
 (b) a person who is:
 (i) a member of the staff of the Gallery; and
 (ii) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Determination is not a legislative instrument
(7) A determination made under paragraph (5)(d) is not a legislative instrument.

Definitions
(8) In this item:
commence, in relation to an enterprise agreement, means begin to operate.
covers has the same meaning as in the Fair Work Act 2009.
designated agreement means the agreement known as The Department