(a) continues, subject to the provisions of this section and the
terms of the person's appointment, to be employed as a member of staff at the
discretion of the Chief Commissioner, and
(b) is, in the person's capacity as
such a member, subject to the control and direction of the Commissioners.
(5)
The Chief Executive Officer is to be appointed for a term not exceeding 7
years, but is eligible for re-appointment.
(6) The Chief Commissioner may fix
the salaries, wages, allowances and conditions of employment of the staff
employed under this section in so far as they are not fixed by or under
another Act or law.
(7) The Chief Commissioner may enter into an agreement
with any association or organisation representing a group or class of staff
employed under this section with respect to industrial matters. Any such
agreement binds all persons in the class or group affected by the agreement,
and no such person (whether a member of the association or organisation with
which the agreement was entered into or not) has any right of appeal against
the terms of the agreement.
(8) An agreement under subsection (7) is not an
enterprise agreement within the meaning of the Industrial Relations Act 1996
. However, the Chief Commissioner may enter into such an enterprise agreement
as the employer of the members of staff concerned.
(9) The Chief Commissioner
is, for the purposes of any proceedings relating to staff employed under this
section held before a competent tribunal having jurisdiction to deal with such
matters, taken to be the employer of the staff.
(10) An appeal does not lie
to the Industrial Relations Commission concerning a promotional or
disciplinary matter affecting any staff employed under this section.
(11)
None of the following matters, and no matter, question or dispute relating to
any of the following matters, is an industrial matter for the purposes of the
Industrial Relations Act 1996 --
(b)
the removal, retirement, termination of employment or other cessation of
office of a person in any such position,
(c) any disciplinary proceedings or
disciplinary action taken against a person employed under this section.
(11A)
Without limiting subsection (11), Part 6 of Chapter 2 of the
Industrial Relations Act 1996 does not apply to or in respect of the
dismissal (within the meaning of that Part) of any person from any position as
a member of the staff of the Commission.
(12) Schedule 3 has effect with
respect to the rights of staff employed under this section.
