QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sch.1-sec.29Rights and entitlements of particular employees
Start here
Get a plain-English read of sch.1-sec.29
Turn the raw legal text into a practical explanation grounded in Queensland Building and Construction Commission Act 1991.
### sch.1-sec.29 Rights and entitlements of particular employees
This section applies to a person who—
becomes an employee of the employing office; and
was an employee of the authority—
immediately before the commencement of this section; and
immediately before becoming an employee of the employing office.
On becoming an employee of the employing office, the person is taken to be employed under section 29F of the Act on the conditions on which the person would have been employed by the authority, immediately before the person became an employee of the employing office, if the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth).
Also—
the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that—
have accrued or were accruing to the person as an employee of the authority; and
would have accrued to the person if the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth); and
if the person is a member of a superannuation scheme—
the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and
the person’s membership of the scheme is not affected.
Without limiting subsection (3), for working out the person’s rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, employment of the person by the employing office is a continuation of employment of the person by the authority.
If the person was a seconded employee immediately before becoming an employee of the employing office, the arrangement under which the person was performing work for a government entity other than the authority may continue until the arrangement ends, and, if the arrangement does continue—
subsection (2) does not apply to the person; and
on the ending of the arrangement, the person is taken to be employed under section 29F of the Act on the conditions on which the person would have been employed by the authority, on the ending of the arrangement, if—
the person had continued to be an employee of the authority; and
the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth).
Subsections (2) and (5)(b) do not limit section 29F (3) and (4) of the Act .
In this section—
authority means the former Queensland Building Services Authority established under the Queensland Building Services Authority Act 1991 , section 5.
employee of the authority includes a seconded employee.
seconded employee means an employee of the authority performing work for another government entity under an arrangement entered into, before the commencement of this section, by the authority with the appropriate authority of the other government entity.
sch 1 s 29 ins 2007 No. 20 s 58
amd 2013 No. 38 s 14 sch 1
(sch.1-sec.29-ssec.1) This section applies to a person who— becomes an employee of the employing office; and was an employee of the authority— immediately before the commencement of this section; and immediately before becoming an employee of the employing office.
(sch.1-sec.29-ssec.2) On becoming an employee of the employing office, the person is taken to be employed under section 29F of the Act on the conditions on which the person would have been employed by the authority, immediately before the person became an employee of the employing office, if the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth).
(sch.1-sec.29-ssec.3) Also— the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that— have accrued or were accruing to the person as an employee of the authority; and would have accrued to the person if the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth); and if the person is a member of a superannuation scheme— the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and the person’s membership of the scheme is not affected.
(sch.1-sec.29-ssec.4) Without limiting subsection (3), for working out the person’s rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, employment of the person by the employing office is a continuation of employment of the person by the authority.
(sch.1-sec.29-ssec.5) If the person was a seconded employee immediately before becoming an employee of the employing office, the arrangement under which the person was performing work for a government entity other than the authority may continue until the arrangement ends, and, if the arrangement does continue— subsection (2) does not apply to the person; and on the ending of the arrangement, the person is taken to be employed under section 29F of the Act on the conditions on which the person would have been employed by the authority, on the ending of the arrangement, if— the person had continued to be an employee of the authority; and the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth).
(sch.1-sec.29-ssec.6) Subsections (2) and (5)(b) do not limit section 29F (3) and (4) of the Act .
(sch.1-sec.29-ssec.7) In this section— authority means the former Queensland Building Services Authority established under the Queensland Building Services Authority Act 1991 , section 5. employee of the authority includes a seconded employee. seconded employee means an employee of the authority performing work for another government entity under an arrangement entered into, before the commencement of this section, by the authority with the appropriate authority of the other government entity.
- (a) becomes an employee of the employing office; and
- (b) was an employee of the authority— (i) immediately before the commencement of this section; and (ii) immediately before becoming an employee of the employing office.
- (i) immediately before the commencement of this section; and
- (ii) immediately before becoming an employee of the employing office.
- (i) immediately before the commencement of this section; and
- (ii) immediately before becoming an employee of the employing office.
- (a) the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that— (i) have accrued or were accruing to the person as an employee of the authority; and (ii) would have accrued to the person if the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth); and
- (i) have accrued or were accruing to the person as an employee of the authority; and
- (ii) would have accrued to the person if the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth); and
- (b) if the person is a member of a superannuation scheme— (i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and (ii) the person’s membership of the scheme is not affected.
- (i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and
- (ii) the person’s membership of the scheme is not affected.
- (i) have accrued or were accruing to the person as an employee of the authority; and
- (ii) would have accrued to the person if the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth); and
- (i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and
- (ii) the person’s membership of the scheme is not affected.
- (a) subsection (2) does not apply to the person; and
- (b) on the ending of the arrangement, the person is taken to be employed under section 29F of the Act on the conditions on which the person would have been employed by the authority, on the ending of the arrangement, if— (i) the person had continued to be an employee of the authority; and (ii) the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth).
- (i) the person had continued to be an employee of the authority; and
- (ii) the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth).
- (i) the person had continued to be an employee of the authority; and
- (ii) the authority had never become an employer under the Workplace Relations Act 1996 (Cwlth).