Electricity Amendment Regulation (No. 1) 2005 (Qld)

Queensland Electricity Amendment Regulation (No. 1) 2005 Subordinate Legislation 2005 No. 86 made under the ElectricityAct1994 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Renumbering of ch 7, pts 1–7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new ch 7, pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 1 Preliminary 155B Definitions for ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 155C Meaning of redundant and redundant employee . . . . 4 155D Meaning of suitable alternative employment . . . . . . . 4 155E Industrial Relations Commission may decide particular matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Amendment of s 156 (Definitions for pt 1) . . . . . . . . . . . . . . . . . . 6 6 Amendment of s 167 (Application of this part) . . . . . . . . . . . . . . . 6 7 Amendment of s 168 (When there is a transfer of employment within GOE industry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Amendment of s 169 (When employment with former employer and new employer is taken to be continuous service) . 7 9 Replacement of s 173 (Employment conditions not generally transferred) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 173 Particular new employers must pay superannuation into transferred employee’s existing scheme . . . . . . . 7 10 Amendment of s 174 (Application of pt 3) . . . . . . . . . . . . . . . . . . 8

2 Electricity Amendment Regulation (No. 1) 2005 No. 86, 2005 11 Amendment of s 177 (Service recognised for long service leave purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12 Amendment of s 190 (Application of pt 5) . . . . . . . . . . . . . . . . . . 8 13 Insertion of new ch 7, pt 8, div 1, hdg. . . . . . . . . . . . . . . . . . . . . . 8 14 Insertion of new ch 7, pt 7, div 2, hdg. . . . . . . . . . . . . . . . . . . . . . 8 15 Amendment of s 199 (Meaning of redundant and redundant employee) ..................................... 8 16 Amendment of s 208 (Making appeals) . . . . . . . . . . . . . . . . . . . . 9 17 Amendment of s 239 (Declarations) . . . . . . . . . . . . . . . . . . . . . . . 9 18 Insertion of new s 240 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 240 Declarations—Act, s 259A(2) . . . . . . . . . . . . . . . . . . . 9 19 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 10

s1 3 s4 Electricity Amendment Regulation (No. 1) 2005 No. 86, 2005 1 Short title This regulation may be cited as the Electricity Amendment Regulation (No. 1) 2005 . 2 Regulation amended This regulation amends the Electricity Regulation 1994. 3 Renumbering of ch 7, pts 1–7 Chapter 7, parts 1 to 7— renumber as chapter 7, parts 2 to 8. 4 Insertion of new ch 7, pt 1 Chapter 7, immediately after heading— insert — ‘Part 1 Preliminary ‘155B Definitions for ch 7 ‘In this chapter— employment entitlement , of an employee, means each of the following— (a) the employee’s leave entitlement; (b) the period of service that would be relevant for working out the redundancy payment to which the employee would be entitled if the employee was made redundant. future employer see section 155C(2)(d). previous employer see section 155C(2)(a). redundancy payment means a payment made to a person because the person became redundant. redundant see section 155C(1). redundant employee see section 155C(2).

s4 4 s4 Electricity Amendment Regulation (No. 1) 2005 No. 86, 2005 State electricity entity includes an entity declared to be a State electricity entity under section 240. suitable alternative employment see section 155D. ‘155C Meaning of redundant and redundant employee ‘(1) An employee becomes redundant if the person’s employer no longer needs or has a substantially diminished need for services of a particular kind performed by the person. ‘(2) A person is a redundant employee if— (a) the person was employed by a State electricity entity (the previous employer ); and (b) the person’s employment ended because the person was redundant; and (c) the person has received, or is eligible to receive, a redundancy payment from the previous employer; and (d) the person has not been offered suitable alternative employment by the previous employer or another State electricity entity (each a future employer ). ‘155D Meaning of suitable alternative employment ‘(1) Alternative employment offered to a person by a future employer is suitable alternative employment only if the following conditions are satisfied— (a) the person’s employment entitlements are continued under the alternative employment; (b) either— (i) the person and the previous employer have agreed the alternative employment is the same or substantially the same as the person’s previous employment with the employer; or (ii) the Industrial Relations Commission has decided the alternative employment is the same or substantially the same as the person’s previous employment;

s4 5 s4 Electricity Amendment Regulation (No. 1) 2005 No. 86, 2005 (c) if, on the offer day, the person is a member of a superannuation scheme and the future employer is a subsidiary of a GOC— (i) the person’s membership in the scheme is not affected; and (ii) the employer makes, or agrees to make, the superannuation contributions the employer is required to make for the person to the scheme for the benefit of the person. ‘(2) Subsection (1)(c) does not apply if the person and future employer enter into an agreement about the superannuation arrangements for the person. ‘(3) In this section— offer day , for a person to whom alternative employment is offered, means the day the alternative employment is offered to the person. ‘155E Industrial Relations Commission may decide particular matters ‘If a person and the person’s previous employer cannot agree, after genuinely attempting to come to an agreement, whether alternative employment offered to the person is the same or substantially the same as the person’s previous employment with the employer— (a) the person and employer must— (i) treat the disagreement as an industrial dispute; and (ii) immediately give the registrar under the Industrial Relations Act a notice complying with section 229(3) of that Act for the dispute; and (b) chapter 7, part 2, 1 of the Industrial Relations Act applies to the disagreement as if— (i) the disagreement was an industrial dispute; and 1 Chapter 7 (Industrial disputes), part 2 (Action for settling industrial disputes) of the Industrial Relations Act

s5 6 s7 Electricity Amendment Regulation (No. 1) 2005 No. 86, 2005 (ii) the notice given under paragraph (a)(ii) was given under section 229(2) of that Act; and (c) without limiting section 230(3) and (4) of the Industrial Relations Act, the Industrial Relations Commission may decide whether or not the alternative employment is the same or substantially the same as the person’s previous employment.’. 5 Amendment of s 156 (Definitions for pt 1) (1) Section 156, heading, ‘ pt 1 ’— omit, insert — ‘ pt 2 ’. (2) Section 156, definition electricity industry employee — relocate to schedule 9. 6 Amendment of s 167 (Application of this part) Section 167, heading, ‘ this part ’— omit, insert — ‘ pt 3 ’. 7 Amendment of s 168 (When there is a transfer of employment within GOE industry) (1) Section 168(2)— renumber as section 168(3). (2) Section 168— insert — ‘(2) For subsection (1), a person does not resign from employment with a State electricity entity if the person becomes a redundant employee for the entity.’.

s8 7 s9 Electricity Amendment Regulation (No. 1) 2005 No. 86, 2005 8 Amendment of s 169 (When employment with former employer and new employer is taken to be continuous service) (1) Section 169(2), ‘leave entitlements’— omit, insert — ‘employment entitlements’. (2) Section 169(2)(b), before ‘entitlement’— insert — ‘employee’s leave’. 9 Replacement of s 173 (Employment conditions not generally transferred) Section 173— omit, insert— ‘173 Particular new employers must pay superannuation into transferred employee’s existing scheme ‘(1) This section applies if— (a) the new employer is a subsidiary of a GOC; and (b) immediately before the transfer day, the transferred employee was a member of a superannuation scheme (the employee’s existing scheme ). ‘(2) However, this section does not apply if the transferred employee and new employer have entered into an agreement about the superannuation arrangements for the employee. ‘(3) The new employer must ensure— (a) the transferred employee’s membership in the employee’s existing scheme is not affected; and (b) the superannuation contributions the employer is required to make for the employee are paid, for the benefit of the employee, into the employee’s existing scheme.’.

s 10 8 s 15 Electricity Amendment Regulation (No. 1) 2005 No. 86, 2005 10 Amendment of s 174 (Application of pt 3) Section 174, heading, ‘ pt 3 ’— omit, insert — ‘ pt 4 ’. 11 Amendment of s 177 (Service recognised for long service leave purposes) Section 177(a), after ‘continuous’— insert — ‘or taken to be continuous under section 169’. 12 Amendment of s 190 (Application of pt 5) Section 174, heading, ‘ pt 5 ’— omit, insert — ‘ pt 6 ’. 13 Insertion of new ch 7, pt 8, div 1, hdg Chapter 7, part 8, as renumbered under this regulation, before section 198— insert — ‘Division 1 Continuation of employment’. 14 Insertion of new ch 7, pt 7, div 2, hdg Chapter 7, part 8, as renumbered under this regulation, after section 198— insert — ‘Division 2 Redundant employees’. 15 Amendment of s 199 (Meaning of redundant and redundant employee ) (1) Section 199, heading, after ‘ employee ’—

s 16 9 s 18 Electricity Amendment Regulation (No. 1) 2005 No. 86, 2005 insert — ‘ for div 2 ’. (2) Section 199(1) and (2)— renumber as section 199(2) and (3). (3) Section 199— insert — ‘(1) This section states the meaning of redundant and redundant employee for this division.’. 16 Amendment of s 208 (Making appeals) Section 208(1)(b), ‘part 3’— omit, insert — ‘part 4’. 17 Amendment of s 239 (Declarations) Section 239, heading— omit, insert — ‘239 Declarations—Act, ss 259A(1) and 299’. 18 Insertion of new s 240 Chapter 9, part 4— insert — ‘240 Declarations—Act, s 259A(2) ‘Each of the following entities are declared to be a State electricity entity for the employment conditions under chapter 7 of its employees— (a) Service Essentials Pty Ltd ACN 101 691 409; (b) SPARQ Solutions Pty Ltd ACN 110 073 400. 2 ’. 2 See section 259A(2) (Regulation may declare a State electricity entity) of the Act and chapter 7 (Employment in government owned electricity industry).

s 19 10 s 19 Electricity Amendment Regulation (No. 1) 2005 No. 86, 2005 19 Amendment of sch 9 (Dictionary) (1) Schedule 9, definitions electricity industry employee, GOE industry employee, redundant, redundant employee and transfer day— omit. (2) Schedule 9— insert — ‘ employment entitlement , for chapter 7, see section 155B. future employer , for chapter 7, see section 155C(2)(d). GOE industry employee means— (a) a person employed by a State electricity entity, including an entity declared to be a State electricity entity under section 240, in a full-time, part-time or casual capacity; and (b) includes the chief executive officer of the entity. Industrial Relations Commission means the Queensland Industrial Relations Commission continued in existence under section 255 of the Industrial Relations Act. previous employer , for chapter 7, see section 155C(2)(a). redundancy payment , for chapter 7, see section 155B. redundant — (a) for chapter 7 generally—see section 155C(1); or (b) for chapter 7, part 8, division 2—see section 199(2). redundant employee — (a) for chapter 7 generally—see section 155C(2); or (b) for chapter 7, part 8, division 2—see section 199(3). State electricity entity , for chapter 7, see section 155B. suitable alternative employment, for chapter 7, see section 155D. transfer day , for chapter 7, part 3, see section 168(3).’. (3) Schedule 9, definitions former employer, new employer and transferred employee , ‘part 2’—

s 19 11 s 19 Electricity Amendment Regulation (No. 1) 2005 No. 86, 2005 omit, insert — ‘part 3’. (4) Schedule 9, definitions former employment and new employment , ‘part 3’— omit, insert — ‘part 4’. (5) Schedule 9, definition GOE industry , after ‘collectively’— insert — ‘, including entities declared to be State electricity entities under section 240’. (6) Schedule 9, definitions industrial instrument, relevant award and translation principles , ‘part 1’— omit, insert— ‘part 2’. ENDNOTES 1 Made by the Governor in Council on 12 May 2005. 2 Notified in the gazette on 13 May 2005. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Energy. © State of Queensland 2005