Part 6Part 6 Arrangements for council staff affected by the constitution, amalgamation or alteration of council areas
(1) In this Part:boundary alteration means an alteration of the boundaries of one or more areas by or under a proclamation under Chapter 9.
existing staff member of a transferee council means, in relation to a staff transfer occurring in connection with a boundary alteration, a person who was a member of the staff of the transferee council immediately before the transfer day and who has not ceased to be a member of that staff.
Note. In the case of a staff transfer effected in connection with the amalgamation of areas under Chapter 9, no members of staff continue in the employment of the councils of the areas being amalgamated because all those areas are dissolved. The members of staff would become employees of the newly constituted council.former council, in relation to a transferred staff member, means the council that employed the staff member immediately before the transfer day.
proposal means:
(a) a proposal made under section 215 to constitute one or more areas, or(b) a proposal made under section 218E to amalgamate one or more areas, or(c) a proposal made under section 218E to alter the boundaries of one of more areas.proposal period means (subject to subsection (2)) the period:
(a) starting on the day the proposal is made, and(b) ending on the following day:(i) if the Minister decides not to proceed with the proposal—the day that decision is made under section 215 or 218E,(ii) if the Minister refers the proposal to the Boundaries Commission or the Director-General but decides to decline to recommend to the Governor that the proposal be implemented—the day that decision is made,(iii) if the Minister recommends to the Governor that the proposal be implemented—immediately before the date specified in the proclamation implementing the proposal.remaining staff member of a transferor council means, in relation to a staff transfer occurring in connection with a boundary alteration, a person who was a member of the staff of the transferor council immediately before the transfer day and who has not ceased to be a member of that staff.
Note. In the case of a staff transfer effected in connection with the amalgamation of areas under Chapter 9, no members of staff continue in the employment of the councils of the areas being amalgamated because all those areas are dissolved. The members of staff would become employees of the newly constituted council.rural centre means a centre of population of 5,000 people or fewer, and includes a geographical area that is prescribed, or is of a kind prescribed, by regulations in force for the purposes of this definition as being a rural centre.
staff transfer means a transfer of staff from the employment of one council to the employment of another council by or under a proclamation under Chapter 9.
transfer day, in relation to a staff transfer, means the day on which the staff concerned were transferred from the employment of one council to the employment of another council.
transferee council, in relation to a staff transfer, means the council into whose employment the staff concerned were transferred on the transfer day.
transferor council, in relation to a staff transfer, means the council from whose employment the staff concerned were transferred on the transfer day.
transferred staff member means a member of the staff of a council who is transferred to the employment of another council by or under a proclamation under Chapter 9.
work base means the office, depot or other place of work at or from which any staff work.
(2) The Minister may, by notice in writing to a council, extend the proposal period in relation to that council by determining an earlier date for the start of the period than the date the proposal is made under section 215 or 218E.
354C No forced redundancy of affected staff members during proposal period
The employment of a member of staff of a council that is affected by a proposal (other than of a senior staff member) must not be terminated, without the staff member’s agreement, during the proposal period on the ground of redundancy.
354D Preservation of entitlements of staff members
(1) If a staff transfer occurs, the employment of:(a) a transferred staff member, and(b) in the case of a boundary alteration:other than a senior staff member, continues on the same terms and conditions that applied to the staff member immediately before the transfer day, subject to section 354E.(i) a remaining staff member of the transferor council, and(ii) an existing staff member of the transferee council,(2) Subsection (1) applies until other provision is duly made under any Act or law.(3) Neither the contract of employment nor the period of employment of a transferred staff member is taken to have been broken by the transfer for the purposes of any law, award or agreement relating to the employment of that staff member.(4) A transferred staff member is not entitled to receive any payment or other benefit merely because the staff member ceases to be a staff member of the former council.(5) The transfer of a transferred staff member does not affect any accrued rights the staff member had immediately before the transfer, including in relation to recreation leave, sick leave, long service leave and superannuation, but does not entitle the staff member to claim dual benefits of the same kind for the same period of service.
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.
354F No forced redundancy of non-senior staff members for 3 years after transfer
If a staff transfer occurs, the employment of:(a) a transferred staff member, and(b) in the case of a boundary alteration:other than a senior staff member, must not be terminated, without the staff member’s agreement, within 3 years after the transfer day on the ground of redundancy arising from the staff transfer.(i) a remaining staff member of the transferor council, and(ii) an existing staff member of the transferee council,
354G Lateral transfer of non-senior staff members
(1) This section applies if either:(a) the following subparagraphs apply:(i) a staff transfer occurs in connection with the constitution of a new area, whether as a result of the amalgamation of two or more areas or otherwise, and(ii) within 3 years after the transfer day, the general manager proposes to make an appointment to a position within the organisational structure of the council (the council), other than a senior staff position, and(iii) a transferred staff member (other than a senior staff member) was, immediately before the transfer day, performing substantially the same duties for the staff member’s former council as are required to be performed in the position to be filled, or(b) the following subparagraphs apply:(i) a staff transfer occurs in connection with a boundary alteration, and(ii) within 3 years after the transfer day, the general manager of a council (the council) affected by the boundary alteration proposes to make an appointment to a position within the organisational structure of the council, other than a senior staff position, and(iii) a staff member (other than a senior staff member) of the council was, immediately before the transfer day, performing substantially the same duties for either or any of the affected councils as are required to be performed in the position to be filled.(2) The council:(a) must notify its staff members of the position and give its staff members a reasonable opportunity to apply for the position, and(b) must not externally advertise the position.(3) A person who:(a) applies for appointment to a position referred to in this section, and(b) is employed by the council at the time of making the application, and(c) is a person referred to in subsection (1) (a) (iii) or (b) (iii), as the case requires,must be considered for appointment to the position in preference to any other applicant for the position who is not such a person.(4) If there is more than one person referred to in subsection (3) who is eligible for appointment to a position, the applicant who has the greatest merit, determined in accordance with section 349 (2) and (3), is to be selected.(5) Subject to subsection (4), sections 348 and 349 do not apply to an appointment to a position referred to in this section and the Council may not decide, under section 350 (b), that those sections apply to the appointment.
354H External advertising not required in certain circumstances
(1) This section applies if either:(a) the following subparagraphs apply:(i) a staff transfer occurs in connection with the constitution of a new area, whether as a result of the amalgamation of two or more areas or otherwise, and(ii) within 3 years after the transfer day, the general manager proposes to make an appointment to a position within the organisational structure of the council (the council), other than a senior staff position, and(iii) the general manager is satisfied that one or more of the transferred staff members (other than a senior staff member) are suitably qualified for the position, and(iv) section 354G does not apply with respect to the position, or(b) the following subparagraphs apply:(i) a staff transfer occurs in connection with a boundary alteration, and(ii) within 3 years after the transfer day, the general manager of a council (the council) affected by the boundary alteration proposes to make an appointment to a position within the organisational structure of the council, other than a senior staff position, and(iii) the general manager is satisfied that one or more of the staff members (other than a senior staff member) of the council who were, immediately before the transfer day, members of the staff of either or any of the affected councils are suitably qualified for the position, and(iv) section 354G does not apply with respect to the position.(2) The council:(a) must notify its staff members of the position and give its staff members a reasonable opportunity to apply for the position, and(b) must not externally advertise the position.(3) Section 348 does not apply to an appointment to a position referred to in this section.
354I Limitations on transfer of work base of non-senior staff
(1) This section applies, where a staff transfer occurs, to:(a) a transferred staff member, and(b) in the case of a boundary alteration:other than a senior staff member.(i) a remaining staff member of the transferor council, and(ii) an existing staff member of the transferee council,(2) The staff member must not be required by the council employing the staff member to be based within 3 years after the transfer day at a work base located:(a) in a case where the staff member is a transferred staff member—outside the boundaries of the area of his or her former council as they existed immediately before the transfer day, or(b) in a case where the staff member is a remaining staff member of the transferor council—outside the boundaries of the area of the transferor council as they existed immediately before the transfer day, or(c) in a case where the staff member is an existing staff member of the transferee council—outside the boundaries of the area of the transferee council as they existed immediately before the transfer day,unless the staff member gives his or her written consent to the change of work base or such a requirement would not cause the staff member to suffer unreasonable hardship because of the distance required to travel to the proposed work base.