New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 5)
In this Schedule, "former Water Supply staff" means (unless otherwise expressly provided):
(a) officers of the Department of Public Works and Services employed under Part 2 of the Public Sector Management Act 1988 , and
(b) persons employed in the Department of Public Works and Services to whom the Crown Employees (Department of Public Works and Services Wages Staff) Award 1996 applies,who, immediately before the commencement of this Schedule, were employed for the purposes of the South-west Tablelands Water Supply Administration Act 1941 .
On the date of commencement of this Schedule, the former Water Supply staff are transferred to the County Council and are to be regarded for all purposes as having become employees of the County Council on and from that date.
A person who is transferred under this Schedule is (until other provision is duly made under any Act or law) to be employed in accordance with any relevant statutory provisions, awards, agreements and determinations that would have applied to the person if the person had not been transferred but had instead remained an officer employed (as appropriate) under Part 2 of the Public Sector Management Act 1988 or subject to the provisions of the Crown Employees (Department of Public Works and Services Wages Staff) Award 1996.
A person who is transferred under this Schedule retains any rights to annual leave, extended service leave, sick leave, and other forms of leave, accrued or accruing in the person’s employment by law.
(1) On the commencement of this Schedule, the Department of Public Works and Services is to pay to the County Council a sum equivalent to the accrued value, as at 30 June 1997, of the leave entitlements, referred to in clause 4, of the former Water Supply staff.
(2) On or before the commencement of this Schedule, the Department of Public Works and Services is to provide each of the former Water Supply staff with a statement setting out details of the individual leave entitlements of the staff.
(1) The superannuation entitlements of the former Water Supply staff are preserved in accordance with clause 11 (2) (c) and associated provisions of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997 .
(2) This clause has effect despite the fact that the former Water Supply staff is transferred to a superannuation scheme under clause 11 of the Superannuation Administration (Local Government Superannuation Scheme Transitional Provisions) Regulation 1997 after 1 October 1997.
(1) This clause applies only to those former Water Supply staff who were employed under Part 2 of the Public Sector Management Act 1988 immediately before the commencement of this Schedule.
(2) This clause applies, in the period of 3 years after the commencement of this Schedule, to the filling of any vacant position in the Public Service whether or not the vacancy is limited to officers of the Public Service.
(3) Any former Water Supply staff to whom this clause applies are eligible to apply for a vacancy to which this clause applies as if they were officers of the Public Service.
(4) This clause does not apply to former Water Supply staff who are no longer employed by the County Council.
(5) Any former Water Supply staff to whom this clause applies who are employed by the County Council and who apply for any vacant position to which this clause applies in the Public Service have the same rights of appeal against the filling of the position as they would have if they were officers of the Public Service.
(6) If any former Water Supply staff to whom this clause applies is successful in obtaining a position in the Public Service in circumstances to which this clause applies, any period of service with the County Council is to be treated for all purposes as if it were a period of service in the Public Service.
(1) This clause applies to a person who becomes, because of this Schedule, a member of the staff of the County Council.
(2) A person to whom this clause applies is not entitled to receive any payment or other benefit merely because the person ceases to be employed under Part 2 of the Public Sector Management Act 1988 .
(3) A person to whom this clause applies is not entitled to claim, both under this Act and under any other Act, dual benefits of the same kind for the same period of service.
(1) This clause applies to former Water Supply staff who, as the result of the transfer of their employment by the operation of this Schedule, suffer hardship because they are required:(a) to perform duties that are significantly different in nature from those performed before the transfer, or(b) to work permanently in a local government area (within the meaning of Chapter 9 of the Local Government Act 1993 ) that is different from that in which they usually worked before the transfer.
(2) The County Council is to notify former Water Supply staff, for the purposes of this clause, of any intended change in their duties within 3 months after the commencement of this Schedule.
(3) The County Council, in conjunction with the Department of Land and Water Conservation, is to consider any application for voluntary redundancy that is made to the County Council by any former Water Supply staff to whom this clause applies within 6 months after the commencement of this Schedule.
Each member of the former Water Supply staff who performs the duties assigned to him or her by the County Council following a review of its overall organisational structure is guaranteed employment with the County Council in the period of 3 years after the commencement of this Schedule.