Norfolk Island Legislation Amendment Act 2015 (59 of 2015)

Schedule 1   Interim arrangements etc.

Part 2   Transitional provisions

Division 5   Employees

193   Transitional - employees of the Administration

(1) For the purposes of this item, a person is an eligible employee if, immediately before the interim transition time:

(a) the person was not an employee of the Administration; and

(b) the person was not an employee of a body corporate established by or under an enactment; and

(c) the person was:

(i) employed under the Public Service Act 2014 (Norfolk Island); or

(ii) employed under an enactment; or

(iii) acting in an official capacity for the Administration; or

(iv) under the transitional rules, taken to be an eligible employee for the purposes of this item.

(2) The eligible employee is taken, at the interim transition time to have become employed by the Administration.

(3) The eligible employee is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the eligible employee immediately before the interim transition time.

(4) This item does not prevent the terms and conditions of an eligible employee's employment after the interim transition time from being varied:

(a) in accordance with those terms and conditions; or

(b) by or under a law, award, determination or agreement.

(5) The eligible employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of a person as a result of this item.

(6) The eligible employee is taken to have accrued an entitlement to benefits, in connection with the eligible employee's employment with the Administration, that is equivalent to the entitlement that the eligible employee had as an employee immediately before the interim transition time.

(7) The service of the eligible employee as an employee of the Administration is taken, for all purposes, to have been continuous with his or her service as an employee before the interim transition time.

(8) Section 61A of the Norfolk Island Act 1979 applies to the eligible employee as if he or she had been engaged by the Administrator under section 10 of that Act.

(9) In this item:

vary , in relation to terms and conditions, includes:

(a) omit any of those terms and conditions; or

(b) add to those terms and conditions; or

(c) substitute new terms or conditions for any of those terms and conditions.