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This is a Bill, not an Act. For current law, see the Acts databases.
Technical and Further Education
Commission Amendment (Staff
Employment) Bill 2011
No , 2011
A Bill for
An Act to amend the Technical and Further Education Commission Act 1990 with
respect to the employment of staff; and for related purposes.
Technical and Further Education Commission Amendment (Staff
Clause 1 Employment) Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Technical and Further Education Commission 3
Amendment (Staff Employment) Act 2011. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Technical and Further Education Commission Amendment (Staff
Employment) Bill 2011
Amendment of Technical and Further Education Commission Act 1990 Schedule 1
No 118
Schedule 1 Amendment of Technical and Further 1
Education Commission Act 1990 No 118 2
[1] Section 3 Definitions 3
Omit the definition of appropriate Division Head (including the note) from 4
section 3 (1). 5
[2] Section 3 (1), definition of "member of staff (or staff member)" 6
Omit the definition. Insert instead: 7
member of staff or staff member means a member of staff of the 8
TAFE Commission employed under section 15. 9
[3] Section 5 Functions 10
Omit section 5 (3) and the note to the subsection. 11
[4] Sections 1517 12
Omit section 17. Insert instead: 13
15 Employment of staff 14
The TAFE Commission may employ such staff as it requires to 15
exercise its functions. 16
16 Salary, conditions etc of staff 17
The TAFE Commission may fix the salary, wages and conditions 18
of employment of its staff in so far as they are not otherwise fixed 19
by or under any Act or law. 20
17 Regulations relating to staff 21
(1) The regulations may make provision for or with respect to the 22
employment of the staff of the TAFE Commission, including the 23
conditions of employment and the discipline of any such staff. 24
(2) Any such regulations relating to the conditions of employment or 25
the discipline of staff: 26
(a) have effect subject to any relevant award made by a 27
competent industrial tribunal and to any industrial 28
agreement to which the Commission is a party, and 29
(b) have effect despite any determination of the Commission 30
under section 16. 31
[5] Section 19 Legal proceedings not to be brought 32
Omit section 19 (1), (2) and (4). 33
Page 3
Technical and Further Education Commission Amendment (Staff
Employment) Bill 2011
Schedule 1 Amendment of Technical and Further Education Commission Act 1990
No 118
[6] Section 19 (3) 1
Omit "in the TAFE Commission Division of the Government Service". 2
Insert instead "on the staff of the TAFE Commission". 3
[7] Sections 20, 21, 21A (1)(3), 21B (1) and (2) and 21C 4
Omit "appropriate Division Head" wherever occurring. 5
Insert instead "TAFE Commission". 6
[8] Section 21 (b) 7
Omit "the Division Head" wherever occurring. 8
Insert instead "the TAFE Commission". 9
[9] Section 21B Notification of serious offences committed by members of 10
staff 11
Omit section 21B (3). 12
[10] Section 22 Extended or long service leave 13
Omit section 22 (4). 14
[11] Part 6A Management of conduct and performance 15
Omit the Part. 16
[12] Part 6B Termination of employment of prohibited persons 17
Omit the Part. 18
[13] Schedule 4 Savings, transitional and other provisions 19
Insert at the end of clause 1 (1): 20
Technical and Further Education Commission Amendment (Staff 21
Employment) Act 2011 22
Page 4
Technical and Further Education Commission Amendment (Staff
Employment) Bill 2011
Amendment of Technical and Further Education Commission Act 1990 Schedule 1
No 118
[14] Schedule 4, Part 5 1
Insert after Part 4: 2
Part 5 Provisions consequent on enactment of 3
Technical and Further Education 4
Commission Amendment (Staff 5
Employment) Act 2011 6
13 Definitions 7
In this Part: 8
commencement date means the date on which section 15 was 9
inserted by the Technical and Further Education Commission 10
Amendment (Staff Employment) Act 2011. 11
existing staff member means: 12
(a) a person who, immediately before the commencement 13
date, was employed under Chapter 1A of the Public Sector 14
Employment and Management Act 2002 in the TAFE 15
Commission Division of the Government Service, or 16
(b) a person who: 17
(i) immediately before the commencement date, was 18
employed in the Department of Education and 19
Communities, and 20
(ii) in the opinion of the Director-General of the 21
Department given in writing, was so employed 22
primarily to assist the TAFE Commission in the 23
exercise of its functions, and 24
(iii) was not so employed under Part 3.1 of the Public 25
Sector Employment and Management Act 2002. 26
transferred staff member means an existing staff member who is 27
transferred to the employment of the TAFE Commission by 28
operation of clause 14. 29
transitional period, in relation to a transferred staff member, 30
means whichever is the shorter of the following periods: 31
(a) the period of 12 months beginning on the commencement 32
date, 33
(b) the period beginning on the commencement date and 34
ending immediately before the date on which an enterprise 35
agreement (within the meaning of the Fair Work Act 2009 36
of the Commonwealth) first takes effect in relation to the 37
staff member. 38
Page 5
Technical and Further Education Commission Amendment (Staff
Employment) Bill 2011
Schedule 1 Amendment of Technical and Further Education Commission Act 1990
No 118
14 Transfer of existing staff members to employ of TAFE Commission 1
On the commencement date, each existing staff member is 2
transferred to the employment of the TAFE Commission. 3
15 Employment arrangements for transferred staff members 4
(1) The TAFE Commission is to take such action as is available to it 5
as an employer of a transferred staff member to ensure that the 6
provisions of this clause are implemented. 7
(2) During the transitional period, the employment of a transferred 8
staff member with the TAFE Commission is to be on the same 9
terms and conditions relating to the following matters as applied 10
immediately before the commencement date to the person's 11
employment as an existing staff member: 12
(a) hours of work, 13
(b) salary, 14
(c) shift, overtime and penalty rates, 15
(d) allowances, 16
(e) leave (other than extended leave or long service leave). 17
(3) A transferred staff member: 18
(a) retains any rights to annual leave, extended or long service 19
leave, sick leave, and other forms of leave, accrued or 20
accruing in his or her employment as an existing staff 21
member, and 22
(b) is not entitled to receive any payment or other benefit 23
merely because the member ceases to be in the 24
employment from which the member was transferred, and 25
(c) is not entitled to claim, both under this Act or any other 26
Act, dual benefits of the same kind for the same period of 27
service. 28
(4) Without limiting subclause (3), a transferred staff member is not, 29
despite any other provision of this or any other Act, entitled to 30
elect, because of that transfer, to be paid the money value of any 31
extended or annual leave that the member accrued in the 32
employment from which the member was transferred. 33
16 Jurisdiction of Industrial Relations Commission 34
(1) On and from the commencement date, the Industrial Relations 35
Commission has no jurisdiction to determine an industrial matter 36
(within the meaning of the Industrial Relations Act 1996) relating 37
to a member of staff if: 38
Page 6
Technical and Further Education Commission Amendment (Staff
Employment) Bill 2011
Amendment of Technical and Further Education Commission Act 1990 Schedule 1
No 118
(a) the Fair Work Act 2009 of the Commonwealth has 1
excluded the application of State industrial laws (within 2
the meaning of section 26 of that Act) in relation to the 3
matter, or 4
(b) the matter is an appeal to which Part 7 of Chapter 2 of the 5
Industrial Relations Act 1996 applies. 6
(2) This clause does not affect the jurisdiction of the Industrial 7
Relations Commission in relation to a matter that is the subject of 8
an application under section 146B of the Industrial Relations Act 9
1996. 10
Page 7
Technical and Further Education Commission Amendment (Staff
Employment) Bill 2011
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts 1
2.1 Children and Young Persons (Care and Protection) Act 1998 2
No 157 3
Section 27A Alternative reporting arrangements 4
Omit paragraph (f) of the definition of relevant agency in section 27A (1). 5
Insert instead: 6
(f) the TAFE Commission, 7
2.2 Commission for Children and Young People Act 1998 No 146 8
Section 33 Definitions 9
Omit paragraph (c) of the definition of relevant agency in section 33 (1). 10
Insert instead: 11
(c) the TAFE Commission, 12
2.3 Public Sector Employment and Management Act 2002 No 43 13
Schedule 1 Divisions of the Government Service 14
Omit the matter relating to the TAFE Commission Division from Columns 1 15
and 2 of Part 2. 16
2.4 Teaching Service Act 1980 No 23 17
Section 8 Delegation of functions 18
Omit paragraph (c) of the definition of authorised person in section 8 (3). 19
Insert instead: 20
(c) a member of staff of the TAFE Commission. 21
Page 8
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