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Telstra (Transition to Full Private Ownership) Bill 1998
Schedule 3 Amendments commencing on the designated day

   

Long Service Leave (Commonwealth Employees) Regulations

1  Item 4 of Schedule 1A

Repeal the item.

Maternity Leave (Commonwealth Employees) Regulations

2  Item 2 of Schedule 2A

Repeal the item.

Occupational Health and Safety (Commonwealth Employment) Act 1991

3  Schedule

Omit “Telstra Corporation Limited”.

Telstra Corporation Act 1991

4  Section 3

Insert:

designated day means the day declared under section 3 of the Telstra (Transition to Full Private Ownership) Act 1998 .

5  Section 3

Insert:

employee includes apprentice.

6  Section 3

Insert:

Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976 as in force immediately before the designated day.

7  Section 3

Insert:

Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973 as in force immediately before the designated day.

8  Section 3

Insert:

SRC Act means the Safety, Rehabilitation and Compensation Act 1988 .

9  Section 3

Insert:

Telstra body means:

                     (a)  in Divisions 1, 2 and 3 of Part 3A:

                              (i)  Telstra; or

                             (ii)  a body corporate that is a subsidiary of Telstra immediately before a majority of the voting shares in Telstra are acquired by one or more persons other than the Commonwealth; and

                     (b)  in the remaining provisions of this Act—Telstra or a body corporate that is a subsidiary of Telstra.

10  Before Part 4

Insert:

Part 3A Transitional provisions relating to the sale by the Commonwealth of its remaining equity interest in Telstra

Division 1 Long service leave

9A   Interpretation

             (1)  Unless the contrary intention appears, expressions used in this Division that are also used in the Long Service Leave Act have the same meanings in this Division as in that Act.

             (2)  In this Division:

combined service period , in relation to an employee, means the total of:

                     (a)  the period that was, immediately before the designated day, the employee’s period of service for the purposes of the Long Service Leave Act; and

                     (b)  the period starting on the designated day during which the employee continues to be an employee of a Telstra body.

employee includes a person employed in a full-time or a part-time capacity.

law means:

                     (a)  a law of the Commonwealth, a State or a Territory; or

                     (b)  regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.

post-sale long service leave rights , in relation to an employee, means any long service leave rights an employee acquires under an award, determination, industrial agreement or law (other than this Act) on or after the designated day in relation to service on or after that day.

9B   Long service leave for employees with less than 10 years service

             (1)  This section provides that, in certain circumstances, a Telstra body may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act was less than 10 years.

             (2)  This section applies in relation to a person who was an employee of Telstra immediately before the designated day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.

             (3)  This section does not apply in relation to an employee who dies while in the employment of a Telstra body. Section 9D applies to such employees.

             (4)  If the employee continues to be employed by a Telstra body on and after the designated day until his or her combined service period is at least 10 years, the Telstra body may grant the employee long service leave on full salary for a period of up to the employee’s long service leave credit under subsection 9E(1).

             (5)  If:

                     (a)  the employee ceases to be an employee of a Telstra body, on or after reaching the minimum retirement age, or because of retrenchment; and

                     (b)  the employee’s combined service period at the time when he or she ceases to be an employee of the Telstra body is at least one year;

the Telstra body may grant the employee long service leave on full salary for a period of up to the employee’s long service leave credit under subsection 9E(1).

             (6)  If a period of long service leave may be granted to an employee under subsection (4) or (5), the Telstra body may, if the employee asks in writing, grant the employee long service leave on half salary for a period that is not more than twice the first-mentioned period.

             (7)  Long service leave granted in the circumstances set out in subsection (5) is to be taken so as to end immediately before the employee ceases to be an employee.

             (8)  For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 20 of the Long Service Leave Act if:

                     (a)  that section applied to the employee; and

                     (b)  for the expression “section 16 or 17” in that section there were substituted the expression “section 9C of the Telstra Corporation Act 1991 ”.

9C   Payments in lieu of long service leave for employees with less than 10 years service

             (1)  This section provides that, in certain circumstances, a Telstra body must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 9B.

             (2)  This section applies in relation to a person who was an employee of Telstra immediately before the designated day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.

             (3)  This section does not apply in relation to an employee who dies while in the employment of a Telstra body. Section 9D applies to such employees.

             (4)  Subject to subsection (7), if the employee ceases to be an employee of a Telstra body on or after the day on which his or her combined service period reaches 10 years, the Telstra body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 9E(2).

             (5)  Subject to subsection (7), if:

                     (a)  the employee ceases to be an employee of a Telstra body, on or after reaching the minimum retiring age, or because of retrenchment; and

                     (b)  the employee’s combined service period at the time when he or she ceases to be an employee of the Telstra body is at least one year;

the Telstra body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 9E(2).

             (6)  Subject to subsection (7), if:

                     (a)  the employee ceases to be an employee of a Telstra body; and

                     (b)  the Telstra body is satisfied that the employee left the Telstra body because of ill-health that justified his or her so leaving; and

                     (c)  when the employee left, his or her combined service period was at least one year;

the Telstra body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 9E(2).

             (7)  An employee may, by written notice given to a Telstra body before the employee ceases to be an employee of the Telstra body:

                     (a)  request the Telstra body not to make a payment to the employee under this section; or

                     (b)  request the Telstra body to make a payment under subsection (4), (5) or (6) of a stated amount that is less than the amount that would otherwise be payable under that subsection.

             (8)  The Telstra body must comply with a request made under subsection (7).

             (9)  For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 21 of the Long Service Leave Act if:

                     (a)  that section applied to the employee; and

                     (b)  for the expression “sections 16 and 17” in that section there were substituted the expression “section 9C of the Telstra Corporation Act 1991 ”.

9D   Payments on the death of an employee

             (1)  This section applies in relation to a person who was an employee of Telstra immediately before the designated day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.

             (2)  If, on or after the designated day, the employee dies and, immediately before his or her death:

                     (a)  the employee was an employee of a Telstra body; and

                     (b)  the employee’s combined service period was at least one year; and

                     (c)  the employee had one or more dependants;

the Telstra body must make a payment to a dependant, or to 2 or more dependants, of the employee.

             (3)  The total amount of the payment or payments is the amount that would have been payable to the employee under section 9C if, on the day of his or her death, the employee had ceased to be an employee of the Telstra body on or after reaching the minimum retiring age.

             (4)  If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:

                     (a)  that section applied to an employee of a Telstra body; and

                     (b)  a reference in that section to the approving authority were a reference to the Telstra body; and

                     (c)  for the expression “this Act” in that section there were substituted the expression “section 9D of the Telstra Corporation Act 1991 ”; and

                     (d)  for the expression “subsection 16(7) or 17(5)” in that section there were substituted the expression “section 9D of the Telstra Corporation Act 1991 ”.

9E   Employee’s long service leave credit for the purposes of sections 9B and 9 C

             (1)  For the purposes of section 9B, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:

                     (a)  starting when the employee started his or her period of service; and

                     (b)  ending on the designated day;

if the employee had been retrenched on the designated day.

             (2)  For the purposes of section 9C, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) of this section reduced by any long service leave credit used under section 9B.

9F   Division not to affect an employee’s post-sale long service leave rights

                   To avoid doubt, it is declared that this Division does not affect an employee’s post-sale long service leave rights.

9G   Saving—Long Service Leave Act

                   If, immediately before the designated day, the period of service under the Long Service Leave Act of an employee of Telstra was at least 10 years, then:

                     (a)  the employee’s accrued rights under the Long Service Leave Act continue; and

                     (b)  the Long Service Leave Act has effect on and after the designated day in relation to the employee as if Telstra were an approving authority for the purposes of that Act.

Division 2 Operation of the Safety, Rehabilitation and Compensation Act 1988

9H   Operation of section 128A of the SRC Act

                   On and after the designated day, section 128A of the SRC Act continues to apply to Telstra as if Telstra were still a prescribed Commonwealth authority for the purposes of that section.

Division 3 Retirement benefits

9J   Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973

             (1)  This section applies if, immediately before the designated day, an employee of a Telstra body was a person to whom deferred benefits were applicable under section 78 of the Defence Force Retirement and Death Benefits Act 1973 .

             (2)  For the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 , the employee is taken to continue in public employment, on and after the designated day, while the employee continues to be employed by a Telstra body.

             (3)  This section is subject to Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 .

9K   Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973

             (1)  This section applies if, immediately before the designated day, a particular period of employment of a person by a Telstra body was a period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 .

             (2)  If employment by the Telstra body ceases to be eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 on the designated day, then, despite that cessation, the period of employment continues to be a period of eligible employment for the purposes of that Division.

9L   Application of the Superannuation Act 1976

                   If an employee of a Telstra body was an eligible employee for the purposes of the Superannuation Act 1976 immediately before the designated day, the employee is taken to have ceased to be an eligible employee for the purposes of that Act on the designated day.

Division 4 Other transitional and saving provisions

9M   Telstra employees not on maternity leave immediately before the designated day

             (1)  This section applies if:

                     (a)  immediately before the designated day, a woman was an employee of Telstra; and

                     (b)  within 12 months after the designated day, the woman would have been entitled to begin leave granted under the Maternity Leave Act if Telstra had continued to be a prescribed authority for the purposes of that Act.

             (2)  On and after the designated day, the Maternity Leave Act continues to apply to the woman in relation to the confinement in respect of which she would have been entitled to leave as if Telstra continued to be a prescribed authority for the purposes of that Act.

9N   Telstra employees on maternity leave on the designated day

             (1)  This section applies if:

                     (a)  immediately before the designated day, a woman was an employee of Telstra; and

                     (b)  on the designated day, the woman is on leave granted under the Maternity Leave Act.

             (2)  On and after the designated day, the Maternity Leave Act continues to apply to the woman in relation to the confinement in respect of which the leave was granted as if Telstra continued to be a prescribed authority for the purposes of that Act.

9P   Saving— Crimes (Superannuation Benefits) Act 1989

             (1)  Subject to this section, if a person who was an employee of a Telstra body before the designated day committed a corruption offence while such an employee, then, on and after the designated day, the Crimes (Superannuation Benefits) Act 1989 continues to apply in relation to the person in respect of the offence as if the Telstra body continued to be a Commonwealth authority.

             (2)  A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by a Telstra body on or after the designated day.

             (3)  A superannuation scheme in relation to which employer contributions or benefits are paid or payable by a Telstra body is not a superannuation scheme for the purposes of the Crimes (Superannuation Benefits) Act 1989 in respect of a corruption offence committed by a person on or after the designated day.

             (4)  Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989 , an order under that paragraph may only order that an amount be paid to the Commonwealth.

             (5)  If:

                     (a)  a person who was an employee of Telstra before the designated day committed a corruption offence while such an employee; and

                     (b)  the person was paid benefits before, on or after that day out of the Consolidated Revenue Fund;

then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989 , an order under that paragraph may only order that an amount be paid to the Commonwealth.

             (6)  Unless the contrary intention appears, expressions used in this section that are also used in the Crimes (Superannuation Benefits) Act 1989 have the same meanings in this section as in that Act .

9Q   Saving— Director of Public Prosecutions Act 1983

                   Even though the Director of Public Prosecutions Act 1983 ceases to apply to certain acts, omissions or proceedings in connection with a Telstra body because the Telstra body ceases to be an authority of the Commonwealth for the purposes of that Act, that Act continues on and after the designated day to apply in relation to:

                     (a)  acts or omissions in connection with a Telstra body that occurred before the designated day; and

                     (b)  the taking of civil remedies connected with or arising out of a prosecution that relates to acts or omissions referred to in paragraph (a).

9R   Avoidance of doubt—cessation of mobility rights

             (1)  The purpose of this section is to avoid doubt about the application of Part IV of the Public Service Act 1922 and the Officers’ Rights Declaration Act 1928 .

             (2)  If Division 2 or 3 of Part IV of the Public Service Act 1922 applies to an employee of a Telstra body immediately before the designated day, then that Division ceases to apply to the employee on that day.

             (3)  If Division 4 of Part IV of the Public Service Act 1922 applies to an employee of a Telstra body immediately before the designated day, then:

                     (a)  the Officers’ Rights Declaration Act 1928 ; and

                     (b)  Division 4 of Part IV of the Public Service Act 1922 ;

cease to apply to the employee on the designated day.

             (4)  If subsection (2) or (3) would have caused the termination of a person’s return rights at a particular time after the commencement of this section if the Public Service Act 1922 had not been repealed, then section 6 or 7 of the Public Employment (Consequential and Transitional) Amendment Act 1998 does not apply to the person after that time.

             (5)  The reference in subsection (4) to the termination of a person’s return rights is a reference to any of the following ceasing to apply to the person:

                     (a)  Division 2, 3 or 4 of Part IV of the Public Service Act 1922 ;

                     (b)  the Officers’ Rights Declaration Act 1928 .

9S   Refund of contribution paid under the Occupational Health and Safety (Commonwealth Employment) Act 1991

             (1)  If a Telstra body has paid a contribution to the cost of the administration of the Occupational Health and Safety (Commonwealth Employment) Act 1991 under section 67H of that Act in respect of the financial year in which the designated day occurs, the Telstra body is entitled to be paid the amount worked out using the following formula:

where:

contribution means the contribution paid by the Telstra body in respect of that financial year.

number of refund days means the total number of days in the period beginning on the designated day and ending on the last day of the financial year in which the designated day occurs.

             (2)  An amount to which an Telstra body is entitled under subsection (1) is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.