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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SCHEDULE 1 Transitional provisions for staff of the Agency

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SCHEDULE 1

Transitional provisions for staff of the Agency

Note:       See section 171A.

   

   

1   FaHCSIA agreement covers staff of the Agency

             (1)  The FaHCSIA agreement covers the Commonwealth, APS employees (except SES employees), the Community and Public Sector Union and the Media, Entertainment and Arts Alliance in relation to the APS employees' employment in the Statutory Agency established by subsection 169(2).

Note:          For APS employee and SES employee , see section 2B of the Acts Interpretation Act 1901 .

             (2)  The FaHCSIA agreement has effect under subclause (1) as if:

                     (a)  it had been made by the CEO on behalf of the Commonwealth; and

                     (b)  references in the agreement to the Secretary were references to the CEO; and

                     (c)  references in the agreement to the Department or FaHCSIA were references to the Statutory Agency established by subsection 169(2).

             (3)  For the purposes of the Fair Work Act 2009 , the FaHCSIA agreement as it has effect under this clause is taken to be an enterprise agreement separate from the FaHCSIA agreement as it has effect apart from this clause.

             (4)  Guidelines and policies relating to employment conditions, administrative process and other employment-related matters that had effect for the purposes of the FaHCSIA agreement immediately before the commencement of this clause also have effect for the purposes of that agreement as it has effect under this clause.

             (5)  Guidelines and policies have effect under subclause (4) as if:

                     (a)  references in them to the Secretary were references to the CEO; and

                     (b)  references in them to the Department or FaHCSIA were references to the Statutory Agency established by subsection 169(2).

             (6)  Subclause (4) does not prevent the alteration or revocation of the guidelines and policies, as they have effect under that subclause, by the CEO or a delegate of the CEO.

End of coverage by FaHCSIA agreement

             (7)  The FaHCSIA agreement ceases to cover the Commonwealth, APS employees, the Community and Public Sector Union and the Media, Entertainment and Arts Alliance under subclause (1) on the coming into operation of another enterprise agreement that:

                     (a)  is made by the CEO on behalf of the Commonwealth; and

                     (b)  covers the Commonwealth and the APS employees (or the APS employees except SES employees) employed in the Statutory Agency established by subsection 169(2).

             (8)  Subclause (7) has effect subject to section 58 of the Fair Work Act 2009 .

2   Instruments about transitional staffing matters

                   The Minister may, by legislative instrument, provide for matters of a transitional nature in relation to the staff of the Agency.