Existing conditions of employment under former Act
9 Existing conditions of employment under former Act
In this clause—
former non-Public Service group of staff means a group of staff—
who, immediately before the commencement of this Act, were employed in the Government Service of New South Wales (but not in the Public Service of New South Wales) or in the NSW Health Service and who become Public Service employees on that commencement, and
who comprise a Public Service agency or a discrete branch or other part of a Public Service agency,
and includes any persons who become members of that group of staff after the commencement of this Act.
Conditions of employment applying to any group of Public Service employees immediately before the commencement of this Act (whether under State industrial instruments, determinations under section 4E of the former Act or contracts of employment) continue to apply, subject to this clause, to that group of Public Service employees. This subclause extends to members of a former non-Public Service group of staff.
The conditions of employment of Public Service employees who are members of a former non-Public Service group of staff do not include any conditions of employment relating to leave or other matters that are conferred by the regulations under this Act on Public Service employees generally unless they apply because of conditions of employment applying to that group of staff immediately before the repeal of the former Act. In this subclause, a reference to conditions of employment conferred by the regulations includes conditions relating to extended leave and to conditions under the Crown Employees (Public Service Conditions of Employment) Award 2009 for groups of staff to which that award did not apply immediately before the repeal of the former Act.
A determination under section 130 of the former Act, or an industrial agreement under section 131 of the former Act, that is in force immediately before the repeal of the former Act is, subject to this clause, taken to be a determination under section 52 of this Act or an industrial agreement under section 51 of this Act (as the case requires).
A condition of employment that applies because of this clause applies until such time as provision is otherwise made under this Act or any other law.
This provision refers to the regulations (the regulations
). Made under this Act:
- Government Sector Employment (General) Rules 2014 · Regulation
- Government Sector Employment (Senior Executive Bands) Determination 2014 · Regulation
- Government Sector Employment Regulation 2014
3 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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