Queensland Building and Construction Commission (Transfer) Regulation 2014

1Short title

This regulation may be cited as the Queensland Building and Construction Commission (Transfer) Regulation 2014.

2Commencement

This regulation commences on 10 November 2014.

3Purpose of pt 2—Act, s 108AB

The purpose of this part is to provide for the transfer of particular employees, liabilities and records to the employing office.

4Definitions for pt 2

In this part—

transfer day means 3 November 2014.

transferring employee see section 5.

5Meaning of transferring employee

(1)Each person shown in the transferring employee schedule is a transferring employee.

(2)In this section—

amending Act means the Professional Engineers and Other Legislation Amendment Act 2014.

former PIC means the Plumbing Industry Council established under section 5 of the Plumbing and Drainage Act 2002 as in force before the commencement of the amending Act.

former PSC means the Pool Safety Council established under section 246EF of the Building Act 1975 as in force before the commencement of the amending Act.

relevant chief executive means the chief executive of the department in which the Building Act 1975 and the Plumbing and Drainage Act 2002 are administered.

transferring employee schedule means the schedule of that name made by the chief executive stating particular persons who were employed, immediately before the transfer day, by the department in relation to the following—

(a)the functions relating to pool safety transferred from the former PSC and the relevant chief executive to the board and the commissioner under the amending Act, chapter 3, parts 1 and 4;

(b)the functions relating to plumbing and drainage transferred from the former PIC and the relevant chief executive to the board and the commissioner under the amending Act, chapter 3, parts 2 and 4.

6Employing office prescribed as relevant entity—Act, s 108AA(1)(c)

The employing office is prescribed as a relevant entity for section 108AA(1)(c) of the Act.

7Transfer of employees

On the transfer day—

(a)each transferring employee stops being an employee of the department and becomes an employee of the employing office; and

(b)the liabilities of the State relating to each transferring employee’s accrued rights to annual, sick, long service or other leave and superannuation become the liabilities of the employing office.

8Transfer of records

From the transfer day, the records of the State relating to each transferring employee become records of the employing office.

9Pending legal proceedings

(1)This section applies for a legal proceeding that, before the transfer day, could have been started or continued by or against the State in relation to—

(a)a transferring employee; or

(b)a record transferred to the employing office under section 8.

(2)The legal proceeding must be started or continued by or against the employing office.

10Award applying for transferring employees

From the transfer day, the Queensland Building Services Authority Award – State 2012 applies in relation to each transferring employee.