2011
2011
2011-12-02
act
government
publicspecial
act.reprint
allinforce
2011-10-11
2011-10-11
0
2011-12-02
act-1987-015
2011
none
act-2011-053
ed45c9cb-34a8-49d5-9e9f-8adaf07f0d50
46271bc7-c1e2-4632-8e31-5d56533d0737
Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 2.12.2011.
An Act to amend the Technical and Further Education Commission Act
1990 with respect to the employment of staff; and for
related purposes.
1Name of
Act
This Act is the Technical and
Further Education Commission Amendment (Staff Employment) Act
2011.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
Schedule 1Amendment of Technical and Further Education Commission Act
1990 No 118
[1]Section 3
Definitions
Omit the definition of appropriate Division Head (including
the note) from section 3 (1).
[2]Section 3 (1), definition of
“member of staff (or staff member)”
Omit the definition. Insert instead:
member of
staff or staff
member means a member of staff of the TAFE Commission
employed under section 15.
[3]Section 5
Functions
Omit section 5 (3) and the note to the
subsection.
[4]Sections
15–17
Omit section 17. Insert instead:
15Employment of
staff
The TAFE Commission may employ such staff as it
requires to exercise its functions.
16Salary, conditions etc of
staff
The TAFE Commission may fix the salary, wages and
conditions of employment of its staff in so far as they are not otherwise
fixed by or under any Act or law.
17Regulations relating to
staff
(1)
The regulations may make provision for or with
respect to the employment of the staff of the TAFE Commission, including the
conditions of employment and the discipline of any such
staff.
(2)
Any such regulations relating to the conditions
of employment or the discipline of staff:
(a)
have effect subject to any relevant award made by
a competent industrial tribunal and to any industrial agreement to which the
Commission is a party, and
(b)
have effect despite any determination of the
Commission under section 16.
[5]Section 19 Legal proceedings
not to be brought
Omit section 19 (1), (2) and
(4).
[6]Section 19
(3)
Omit “in the TAFE Commission Division of
the Government Service”.
Insert instead “on the staff of the TAFE
Commission”.
[7]Sections 20, 21, 21A
(1)–(3), 21B (1) and (2) and 21C
Omit “appropriate Division Head”
wherever occurring.
Insert instead “TAFE
Commission”.
[8]Section 21
(b)
Omit “the Division Head” wherever
occurring.
Insert instead “the TAFE
Commission”.
[9]Section 21B Notification of
serious offences committed by members of staff
Omit section 21B (3).
[10]Section 22 Extended or long
service leave
Omit section 22 (4).
[11]Part 6A Management of conduct
and performance
Omit the Part.
[12]Part 6B Termination of
employment of prohibited persons
Omit the Part.
[13]Schedule 4 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
Technical and
Further Education Commission Amendment (Staff Employment) Act
2011
[14]Schedule 4, Part
5
Insert after Part 4:
Part 5Provisions consequent on
enactment of Technical and Further Education
Commission Amendment (Staff Employment) Act
2011
13Definitions
In this Part:
commencement date means the date on
which section 15 was inserted by the Technical and
Further Education Commission Amendment (Staff Employment) Act
2011.
existing
staff member means:
(a)
a person who, immediately before the commencement
date, was employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the TAFE Commission
Division of the Government Service, or
(b)
a person who:
(i)
immediately before the commencement date, was
employed in the Department of Education and Communities,
and
(ii)
in the opinion of the Director-General of the
Department given in writing, was so employed primarily to assist the TAFE
Commission in the exercise of its functions, and
(iii)
was not so employed under Part 3.1 of the Public Sector Employment and Management Act
2002.
transferred staff member means an
existing staff member who is transferred to the employment of the TAFE
Commission by operation of clause 14.
transitional period, in relation to
a transferred staff member, means whichever is the shorter of the following
periods:
(a)
the period of 12 months beginning on the
commencement date,
(b)
the period beginning on the commencement date and
ending immediately before the date on which an enterprise agreement (within
the meaning of the Fair Work Act 2009 of the Commonwealth)
first takes effect in relation to the staff member.
14Transfer of existing staff
members to employ of TAFE Commission
On the commencement date, each existing staff
member is transferred to the employment of the TAFE
Commission.
15Employment arrangements for
transferred staff members
(1)
The TAFE Commission is to take such action as is
available to it as an employer of a transferred staff member to ensure that
the provisions of this clause are implemented.
(2)
During the transitional period, the employment of
a transferred staff member with the TAFE Commission is to be on the same terms
and conditions relating to the following matters as applied immediately before
the commencement date to the person’s employment as an existing staff
member:
(a)
hours of work,
(b)
salary,
(c)
shift, overtime and penalty
rates,
(d)
allowances,
(e)
leave (other than extended leave or long service
leave).
(3)
A transferred staff member:
(a)
retains any rights to annual leave, extended or
long service leave, sick leave, and other forms of leave, accrued or accruing
in his or her employment as an existing staff member, and
(b)
is not entitled to receive any payment or other
benefit merely because the member ceases to be in the employment from which
the member was transferred, and
(c)
is not entitled to claim, both under this Act or
any other Act, dual benefits of the same kind for the same period of
service.
(4)
Without limiting subclause (3), a transferred
staff member is not, despite any other provision of this or any other Act,
entitled to elect, because of that transfer, to be paid the money value of any
extended or annual leave that the member accrued in the employment from which
the member was transferred.
16Jurisdiction of Industrial
Relations Commission
(1)
On and from the commencement date, the Industrial
Relations Commission has no jurisdiction to determine an industrial matter
(within the meaning of the Industrial
Relations Act 1996) relating to a member of staff
if:
(a)
the Fair Work Act
2009 of the Commonwealth has excluded the application of
State industrial laws (within the meaning of section 26 of that Act) in
relation to the matter, or
(b)
the matter is an appeal to which Part 7 of
Chapter 2 of the Industrial Relations Act
1996 applies.
(2)
This clause does not affect the jurisdiction of
the Industrial Relations Commission in relation to a matter that is the
subject of an application under section 146B of the Industrial Relations Act
1996.
Schedule 2Amendment of other
Acts
2.1Children and Young Persons (Care and Protection) Act
1998 No 157
Section 27A Alternative
reporting arrangements
Omit paragraph (f) of the definition of relevant agency in section 27A
(1).
Insert instead:
(f)
the TAFE
Commission,
2.2Commission for Children and Young People Act
1998 No 146
Section 33
Definitions
Omit paragraph (c) of the definition of relevant agency in section 33
(1).
Insert instead:
(c)
the TAFE
Commission,
2.3Public
Sector Employment and Management Act 2002 No
43
Schedule 1 Divisions of the
Government Service
Omit the matter relating to the TAFE Commission
Division from Columns 1 and 2 of Part 2.
2.4Teaching Service Act 1980 No
23
Section 8 Delegation of
functions
Omit paragraph (c) of the definition of authorised person in section 8
(3).
Insert instead:
(c)
a member of staff of the TAFE
Commission.
Historical
notes
Table of amending
instruments
Technical and
Further Education Commission Amendment (Staff Employment) Act 2011
No 53. Assented to 25.10.2011. Date of commencement, 1.12.2011, sec 2
and 2011 (605) LW 1.12.2011.