(2) Those members of
staff are taken to be employed by the Government of New South Wales in the
service of the Crown, except as provided by subsection (3).
(2A) The
provisions of the Government Sector Employment Act 2013 relating to the
employment of Public Service employees do not apply to the employment of those
members of staff.
(3) The Chief Investigator is, for the purposes of any
proceedings relating to those members of staff held before a competent
tribunal having jurisdiction to deal with industrial matters, taken to be the
employer of the staff.
(4) The Chief Investigator may enter into an agreement
with any association or organisation representing a group or class of those
members of staff with respect to industrial matters.
(5) 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.
(6) An agreement under this section is not an enterprise
agreement within the meaning of the Industrial Relations Act 1996 . However,
the Chief Investigator may enter into such an enterprise agreement as the
employer of the members of staff concerned.