Document ID: chunk:federal_register_of_legislation:C2015A00065:clause:2_11:p1
Version: federal_register_of_legislation:C2015A00065
Segment Type: clause
Provision Reference: sch 2 cl 11 (pt 1/2)
Character Range: 35409–37920

11  APS employees in ComSuper transferred to CSC as employees of CSC
(1) This item applies to a person who:
 (a) is a member of the staff of ComSuper engaged under the Public Service Act 1999 immediately before commencement; and
 (b) is covered by a determination made under section 72 of the Public Service Act 1999 that causes the person, at commencement:
 (i) to cease to be engaged under the Public Service Act 1999; and
 (ii) to become an employee of CSC under section 26 of the Governance of Australian Government Superannuation Schemes Act 2011.
(2) The person is taken to have accrued an entitlement to benefits, in connection with becoming an employee of CSC, that is equivalent to the entitlement that the person had as a member of the staff of ComSuper engaged under the Public Service Act 1999 immediately before commencement.
(3) The service of the person as an employee of CSC is taken, for all purposes, to have been continuous with his or her service as a member of the staff of ComSuper engaged under the Public Service Act 1999.
(3A) Sections 26 and 27 of the Public Service Act 1999 apply in relation to the person as if:
 (a) the person were an APS employee in an Agency (within the meanings of that Act); and
 (b) CSC were the Agency referred to in paragraph (a); and
 (c) the chief executive officer (however described) of CSC were the Agency Head of the Agency referred to in paragraph (a).
(3B) For the purpose of filling a vacancy that exists in an Agency (within the meaning of the Public Service Act 1999):
 (a) the person is taken to be an APS employee in an Agency (within the meanings of that Act); and
 (b) CSC is taken to be the Agency referred to in paragraph (a).
(3C) Subitems (3A) and (3B) have effect in relation to the person:
 (a) for the relevant period; and
 (b) while the person remains employed by CSC (whether or not the person has been identified by CSC as excess or potentially excess); and
 (c) as if the person continued to have the classification and category of APS employment that the person had immediately before commencement.
(3D) If a person moves to an Agency under section 26 or 27 of the Public Service Act 1999 (as those sections apply under subitem (3A)), the person is taken to be engaged under section 22 of that Act by the Agency Head of that Agency, on behalf of the Commonwealth, as an APS employee in that Agency (within the meanings of the Public Service Act 1999).
(3E) In this item:
relevant period, means:
 (a) in relation to the application