Victorian Current Acts

EDUCATION AND TRAINING REFORM ACT 2006 - SCHEDULE 3

Schedule 3—Employment of staff

Section 3.1.25

Part 1—General

        1     Superannuation

Sch. 3 cl. 1(1) amended by Nos 73/2012 s. 25(1)(a)(b), 76/2013 s. 16(1), 31/2018 s. 45(1).

    (1)     A person who, immediately before being employed by a TAFE college council or a TAFE institute board or a TAFE institute or being employed in the TAFE division of a university with a TAFE division was a contributor to or member of a superannuation fund or arrangement established by the State Superannuation Act 1988 continues, subject to that Act, to be a   contributor to or member of that fund or arrangement for so long as he or she is employed by the TAFE institute or   employed in a dual sector university.

Sch. 3 cl. 1(2) amended by Nos 73/2012 s. 25(1)(c), 76/2013 s. 16(2), 31/2018 s. 45(2).

    (2)     The terms and conditions of a superannuation fund or arrangement to which a person continues to contribute or of which he or she continues to be a member by virtue of subclause (1) apply to that person, for so long as the person is employed by a TAFE institute or employed in a dual sector university as if there had been no change of employer.

Sch. 3 cl. 1(3) inserted by No. 76/2013 s. 16(3).

    (3)     Subclause (1), insofar as it applies to a person employed in a university with a TAFE division, only applies to a person so employed immediately before the commencement of section 6 of the Education and Training Reform Amendment (Dual Sector Universities) Act 2013 .

Note

Before the commencement of this subclause, the term university with a TAFE division meant the University of Ballarat, Royal Melbourne Institute of Technology, Swinburne University of Technology or Victoria University.

Part 2—Executive officers

        2     Contracts for executive officers

The employment of an executive officer shall be governed by a contract of employment between the officer and his or her employer.

        3     Contracts to be in writing

    (1)     The contract must be in writing and be signed by or on behalf of the employer and the officer.

    (2)     The parties to a contract must not include a right of return to the public sector in that contract.

        4     Superannuation

The Superannuation (Public Sector) Act 1992 applies to an executive officer who is a member of a statutory superannuation scheme within the meaning of Part 2 of that Act as if—

        (a)     any reference to Part 3, Division 5 of the Public Administration Act 2004 were a reference to this Schedule;

Sch. 3 cl. 4(b) amended by No. 73/2012 s. 25(2), substituted by No. 76/2013 s. 16(4).

        (b)     any reference to an employer were a reference to a TAFE institute.