Freedom of Information Amendment (Reform) Act 2010 (51 of 2010)

Schedule 7   Privacy Commissioner transition

Part 2   Office holders, staff and consultants

3   Staff

Existing agreements to continue

(1) Subitem (2) applies if:

(a) on or after the commencement day, an APS employee is moved, because of a determination under section 72 of the Public Service Act 1999, from the Office of the Privacy Commissioner to the Office of the Australian Information Commissioner; and

(b) the employee's employment in the Office of the Privacy Commissioner was subject to any of the following agreements:

(i) a collective agreement;

(ii) an enterprise agreement;

(iii) an ITEA;

(iv) an AWA or pre-reform AWA (and therefore also a collective agreement which had no effect while the AWA or pre-reform AWA operated in relation to the employee);

(v) a pre-reform certified agreement.

(2) The agreement concerned has effect after the move, in relation to the employee's employment, as if it had been made with the Information Commissioner.

Regulations

(3) The regulations may provide for other matters of a transitional nature in relation to the transfer of employees from the Office of the Privacy Commissioner to the Office of the Australian Information Commissioner.

Definitions

(4) In this item:

AWA has the meaning given by clause 1 of Schedule 7A to the Workplace Relations Act 1996 as in force immediately before the commencement of Schedule 1 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

Note: AWA is short for Australian workplace agreement.

collective agreement has the meaning given by section 4 of the Workplace Relations Act 1996 as in force immediately before the commencement of Schedule 1 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

enterprise agreement has the meaning given by section 12 of the Fair Work Act 2009.

ITEA has the meaning given by section 326 of the Workplace Relations Act 1996 as in force immediately before the commencement of Schedule 1 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

Note: ITEA is short for individual transitional employment agreement.

pre-reform AWA has the meaning given by clause 1 of Schedule 7 to the Workplace Relations Act 1996 as in force immediately before the commencement of Schedule 1 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

pre-reform certified agreement has the meaning given by clause 1 of Schedule 7 to the Workplace Relations Act 1996 as in force immediately before the commencement of Schedule 1 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.