354ECertain increases or decreases in staff entitlements during proposal period not binding on transferee council without approval

#### 354E Certain increases or decreases in staff entitlements during proposal period not binding on transferee council without approval 354E Certain increases or decreases in staff entitlements during proposal period not binding on transferee council without approval > > (1) This section applies to a determination of the terms and conditions of employment of staff members of a council that is made during the proposal period, and extends to any such determination made in an industrial agreement with or on behalf of the staff members, in an employment contract with a staff member or in an employment policy of the council. > > > (2) After the transfer day— > > > > > (a) the transferee council is not bound by any such determination, and > > > > > (b) any such determination is to be disregarded for the purposes of section 354D(1), > > > > unless the determination has been approved by the Minister under this section or the approval of the Minister is not required under this section. > > > (3) If an application is made to the Minister for approval of a determination to which this section applies, the Minister may refuse to approve the determination only if the Minister is satisfied that the determination arises from or is in anticipation of the proposal and would result in an unjustifiable increase or decrease in the obligations of the transferee council in relation to transferred staff members. > > > (4) A determination to which this section applies is not required to be approved by the Minister if— > > > > > (a) it complies with the requirements of regulations made for the purposes of this section, or > > > > > (b) the Minister determines in writing that approval is not required. > > **s 354E:** Ins 2003 No 30, Sch 1 \[4\]. Am 2004 No 25, Sch 3 \[4\].