104Appointment of Chief Executive Officer and other staff

104 Appointment of Chief Executive Officer and other staff

104 Appointment of Chief Executive Officer and other staff

(1) The Chief Commissioner may appoint a Chief Executive Officer and such other staff of the Commission as may be necessary to enable the Commission to exercise its functions.

(1A) The Chief Commissioner is to consult the other Commissioners about the proposed appointment of a Chief Executive Officer.

(2) Those persons are taken to be employed by the Government of New South Wales in the service of the Crown, except as provided by subsection (9).

(3) Each person who is appointed as a member of staff of the Commission under this section—

(a) continues, subject to the provisions of this section and the terms of the person’s appointment, to be employed as a member of staff at the discretion of the Chief Commissioner, and

(b) is, in the person’s capacity as such a member, subject to the control and direction of the Commissioners.

(4) (Repealed)

(5) The Chief Executive Officer is to be appointed for a term not exceeding 7 years, but is eligible for re-appointment.

(6) The Chief Commissioner may fix the salaries, wages, allowances and conditions of employment of the staff employed under this section in so far as they are not fixed by or under another Act or law.

(7) The Chief Commissioner may enter into an agreement with any association or organisation representing a group or class of staff employed under this section with respect to industrial matters. Any such agreement binds all persons in the class or group affected by the agreement, and no such person (whether a member of the association or organisation with which the agreement was entered into or not) has any right of appeal against the terms of the agreement.

(8) An agreement under subsection (7) is not an enterprise agreement within the meaning of the Industrial Relations Act 1996. However, the Chief Commissioner may enter into such an enterprise agreement as the employer of the members of staff concerned.

(9) The Chief Commissioner is, for the purposes of any proceedings relating to staff employed under this section held before a competent tribunal having jurisdiction to deal with such matters, taken to be the employer of the staff.