Who is party to proceedings as employer before commission
12 Who is party to proceedings as employer before commission
This section applies to a proceeding in the commission for a matter (other than a proceeding under chapters 3 to 6) if the proceeding relates to health service employees employed by a prescribed Service.
The chief executive is taken to be the employer for the proceeding instead of the prescribed Service unless—
the chief executive has given written notice under section 11(3) of this schedule that a prescribed Service may make application for a matter the subject of the proceeding; or
if paragraph (a) does not apply—the chief executive gives the prescribed Service written notice that the prescribed Service is the employer for the proceeding.
In deciding whether to give a written notice under subsection (2)(b), the chief executive must have regard to whether the matter may affect the terms and conditions of employment of health service employees in more than 1 health system employer.
The prescribed Service must give the commission a copy of the chief executive’s written notice under subsection (2)(b) as soon as practicable after receiving the notice.
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