Public Sector Management Act 1988 No 33
Repealed version for 5 September 2002 to 8 September 2002 (accessed 19 May 2013 at 10:40)
Part 4

Part 4 Industrial matters

Division 1

56–61 (Repealed)

Division 2 Responsibilities of the Public Employment Office with respect to industrial matters

62   Role of the Public Employment Office in industrial proceedings

(1979 Act, s 81)

The Public Employment Office shall, for the purposes of any proceedings relating to officers or temporary employees held before a competent tribunal having jurisdiction to deal with industrial matters, be taken to be the employer of the staff of the Public Service.

63   Public Employment Office may determine employment conditions

(1979 Act, s 82)

(1)  The Public Employment Office may from time to time make determinations fixing the conditions and benefits of employment of officers and temporary employees (or any group or class of officers or temporary employees) and their salary, wages and other remuneration. Such a determination can provide for redundancy and severance payments and for remuneration packaging.
(2)  The conditions, benefits, salary, wages and other remuneration of an officer or temporary employee is, except in so far as provision is otherwise made by law, such as may be fixed by a determination made under this section.
(2A)  This section does not prevent the relevant Department Head from determining conditions of employment of officers and temporary employees under section 11 or under any other law. However, a determination by the Public Employment Office under this section prevails to the extent of any inconsistency with a determination of a Department Head, unless the Public Employment Office approves of the Department Head’s determination.
(3)  An officer or temporary employee may sue for and recover the amount of remuneration of the officer or employee that is determined under this section.
(4)  This section does not apply in relation to remuneration or allowances fixed under Part 2A or under the Statutory and Other Offices Remuneration Act 1975.

64   Public Employment Office may enter into agreements

(1979 Act, s 83)

(1)  The Public Employment Office may enter into an agreement with any association or organisation representing a group or class of officers or temporary employees with respect to industrial matters.
(2)  Any such agreement binds all officers and temporary employees in the class or group affected by the agreement, and no such officer or employee (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.
(3)  This section does not apply in relation to remuneration or allowances fixed under Part 2A or under the Statutory and Other Offices Remuneration Act 1975.
(4)  An agreement under this section is not an enterprise agreement within the meaning of the Industrial Relations Act 1996. However, the Public Employment Office (or any delegate of that Office) may enter into such an enterprise agreement as the employer of the officers or temporary employees concerned.

65   Power of Public Employment Office to enter Department’s premises etc

(1979 Act, s 84)

The Public Employment Office may, by its authorised officers or delegates:
(a)  enter the premises of any Department, and
(b)  require the production of and examine any documents in the custody of any member of the staff of any Department, and
(c)  require any member of the staff of any Department to answer questions,
for the purposes of enabling the Public Employment Office to exercise its functions.
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