New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActTechnical and Further Education Commission Amendment (Staff) Act 2005Education Legislation Amendment (Staff) Act 2006 , but only to the extent that it amends this ActTechnical and Further Education Commission Amendment (Staff Employment) Act 2011
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done before the date of its publication.
The Technical and Further Education Authority (within the Department of Further Education, Training and Employment) and the Technical and Further Education Teaching Service are abolished.
(1) The Council of Technical and Further Education is dissolved.
(2) A person who, immediately before the repeal of the Technical and Further Education Act 1974 , held office as a member of that Council:(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation because of the loss of that office.
(3) On the dissolution of that Council, the assets, rights, liabilities and obligations of that Council become the assets, rights, liabilities and obligations of the TAFE Commission.
In any other Act, in any instrument made under any Act or in any document of any kind:
(a) a reference to the Department of Technical and Further Education or the Department of Technical Education is to be read as a reference to the TAFE Commission, and
(b) a reference to the Director-General of the Technical and Further Education Authority, Director-General of the Department of Technical and Further Education, the Director of Technical and Further Education or the Director of Technical Education is to be read as a reference to the Managing Director of the TAFE Commission, and
(c) a reference to an officer or employee of the Technical and Further Education Teaching Service, the Technical and Further Education Authority, the Department of Technical and Further Education or the Department of Technical Education is to be read as a reference to a member of the staff of the TAFE Commission, and
(d) a reference to the Council of Technical and Further Education is to be read as a reference to the TAFE Commission Board.
(1) The Minister may, by order in writing, direct that specified assets, rights and liabilities of the Crown that relate to the Technical and Further Education Authority be transferred to the TAFE Commission.
(2) On the commencement of the order, the following provisions have effect (subject to the order):(a) the assets so transferred vest in the TAFE Commission by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,(b) the rights and liabilities so transferred become by virtue of this clause the rights and liabilities of the TAFE Commission,(c) all proceedings relating to those assets, rights and liabilities commenced before the transfer by or against the Crown and pending immediately before the transfer are to be taken to be proceedings pending by or against the TAFE Commission,(d) any act, matter or thing done or omitted to be done in relation to those assets, rights and liabilities before the transfer by, to or in respect of the Crown is (to the extent that that act, matter or thing has any force or effect) to be taken to have been done or omitted by, to or in respect of the TAFE Commission.
(3) The operation of this clause is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.
(4) No attornment to the TAFE Commission by a lessee from the Crown is required.
(1) A board of studies or advisory committee established under the Technical and Further Education Regulation 1975 is not abolished because of the repeal of that Regulation.
(2) Any such board or committee may (subject to any regulation under this Act or determination of the TAFE Commission) continue to operate in accordance with the relevant provisions of the Technical and Further Education Regulation 1975 in force immediately before the repeal of that Regulation.
A person who, immediately before the repeal of the Technical and Further Education Act 1974 , was employed in the Technical and Further Education Authority as a member of the Technical and Further Education Teaching Service or as a public servant is taken to be a member of the staff of the TAFE Commission employed under this Act.
(1) A person who becomes a member of the staff of the TAFE Commission under clause 8 is (until other provision is duly made under this or any other Act) to be employed in accordance with the relevant statutory provisions, awards, agreements and determinations that would have applied to the person if the person had not become a member of that staff and the Technical and Further Education Authority and the Technical and Further Education Teaching Service had not been abolished.
(2) The relevant statutory provisions are the provisions of the Teaching Services Act 1980 , the Public Sector Management Act 1988 and the regulations under those Acts which relate to the employment of the persons concerned.
(3) Subclause (1) also applies to persons who become members of staff of the TAFE Commission within such period after the constitution of the TAFE Commission as the Minister determines. For the purposes of subclause (1), those persons are to be regarded as either former members of the Technical and Further Education Teaching Service or former public servants, as determined by the TAFE Commission.
(4) This clause is subject to the provisions of this Act and the regulations.
(1) A member of the staff of the TAFE Commission who was a public servant employed in the Technical and Further Education Authority immediately before its abolition may apply for a position in the Public Service as if the member were an officer of the Public Service.
(2) Any such member who applies for such a position, or is appointed as an officer of the Public Service, is taken (for the purposes of the Public Sector Management Act 1988 , the Government and Related Employees Appeal Tribunal Act 1980 and the Industrial Relations Act 1996 and for any other purposes) to be an officer of the Public Service in relation to the application or appointment.
(3) This clause applies only to applications for positions in the Public Service made within 3 years after the abolition of the Technical and Further Education Authority.
Part 6A of this Act extends to conduct occurring before the commencement of that Part.
(1) Any breach of discipline by a member of staff to whom Part 6A applies that was, immediately before the commencement of that Part, being dealt with under any disciplinary determination that applied to that member, is to continue to be dealt with as if that Part had not been enacted.
(2) In this clause:
"disciplinary determination" means a determination made under section 16 of this Act (as in force before its repeal by the Public Sector Employment Legislation Amendment Act 2006 ) in relation to the discipline of members of staff and continued by the operation of clause 19 of Schedule 4 to the Public Sector Employment and Management Act 2002 .
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 .
(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.
On the commencement date, each existing staff member is transferred to the employment of the TAFE Commission.
(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.
(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 .