Sch 3Employment of staff

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 acontributor to or member of that fund or arrangement for so long as he or she is employed by the TAFE institute oremployed 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.

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;