sec.47Application of existing instruments

sec.47 Application of existing instruments

Subsection (2) applies to an initial FSQ employee who— was a health service employee immediately before being transferred to the department; or was a public service employee immediately before being transferred to the department. The terms and conditions of employment of the initial FSQ employee are— for an initial FSQ employee mentioned in subsection (1)(a)—the terms and conditions that applied, immediately before the commencement, to health service employees under the existing instruments; or for an initial FSQ employee mentioned in subsection (1)(b)—the terms and conditions that applied, immediately before the commencement, to public service employees employed by Queensland Health under the existing instruments other than a health employment directive. The terms and conditions of employment of an initial FSQ employee to whom subsection (2) does not apply are the terms and conditions that applied, immediately before the commencement, to health service employees under the existing instruments. For subsections (2) and (3)— the Hospital and Health Boards Act 2011 , sections 51B and 51C apply in relation to an existing instrument that is a health employment directive; and the Public Sector Act 2022 , sections 228 and 229 apply in relation to an existing instrument that is a public sector directive; and to the extent an existing instrument applied to health service employees, or public service employees employed by Queensland Health, immediately before the commencement, the instrument is taken to apply to an initial FSQ employee; and to the extent an existing instrument applied to Queensland Health in relation to the employment of health service employees or public service employees immediately before the commencement, the instrument is taken to apply to the department in place of Queensland Health. This section applies despite any other Act but subject to sections 48 to 51. (sec.47-ssec.1) Subsection (2) applies to an initial FSQ employee who— was a health service employee immediately before being transferred to the department; or was a public service employee immediately before being transferred to the department. (sec.47-ssec.2) The terms and conditions of employment of the initial FSQ employee are— for an initial FSQ employee mentioned in subsection (1)(a)—the terms and conditions that applied, immediately before the commencement, to health service employees under the existing instruments; or for an initial FSQ employee mentioned in subsection (1)(b)—the terms and conditions that applied, immediately before the commencement, to public service employees employed by Queensland Health under the existing instruments other than a health employment directive. (sec.47-ssec.3) The terms and conditions of employment of an initial FSQ employee to whom subsection (2) does not apply are the terms and conditions that applied, immediately before the commencement, to health service employees under the existing instruments. (sec.47-ssec.4) For subsections (2) and (3)— the Hospital and Health Boards Act 2011 , sections 51B and 51C apply in relation to an existing instrument that is a health employment directive; and the Public Sector Act 2022 , sections 228 and 229 apply in relation to an existing instrument that is a public sector directive; and to the extent an existing instrument applied to health service employees, or public service employees employed by Queensland Health, immediately before the commencement, the instrument is taken to apply to an initial FSQ employee; and to the extent an existing instrument applied to Queensland Health in relation to the employment of health service employees or public service employees immediately before the commencement, the instrument is taken to apply to the department in place of Queensland Health. (sec.47-ssec.5) This section applies despite any other Act but subject to sections 48 to 51.