2019-02-12 Attachment 1 to Item 5 - New Delegations

DESCRIPTION OF POWER DELEGATED                                                       LEGISLATION
Power, as the employer, to agree when an employee is to take long service            Section 97(2)
leave.
Power, as the employer, and where the employer and employee cannot agree             Section 97(3)
when the employee is to take long service leave, to decide when the employee
is to take the leave and give the applicable notice to the employee.
Power, as the employer, where the employee is on long service leave and              Section 98(4)
where the ordinary rate is increased or reduced, to pay the employee at the
increased or reduced rate for the leave period to which the increased or
reduced rate applies.
Power, as the employer, to agree on when, and the way in which, the employee         Section 101
will be paid for long service leave
Power, as the employer, to agree in writing with the employee that the               Section 110(2)
employee be paid for all or part of an entitlement to long service leave instead
of taking the leave.
Power, as the employer, upon an employee’s death, to pay the employee’s              Section 111(2)
legal personal representative any amount payable for the employee’s
entitlement to long service leave that has not already been paid.
Power, as the employer, to ask an employee to work on a public holiday if the        Section 116(2)
request is reasonable.
Power, as the employer, to dismiss an employee if the circumstances of section       Section 121(1)
121(1) exist.
Power, as the employer who obtains other acceptable employment for the               Section 127(2)
employee or cannot pay the amount, to apply to the commission for an order
reducing the amount of the redundancy pay to a stated amount the commission
considers appropriate.
Power, as the employer, to give each employee before, or as soon as                  Section 129
practicable after, the employee starts working for the employer, the information
and documents required by section 129(1).
Power, as an employer, to apply to the commission to:-                               Section
(a) make a modern award; or                                                          147(2)(b)
(b) make an order varying a modern award.
Power, as an employer, to apply to the commission to make an order revoking a        Section
modern award.                                                                        150(3)(b)(iii)
Power, as a person to whom a modern award applies, to apply to the                   Section
commission to review the award.                                                      156(1)(b)(i)
Power, as an employer, to make a certified agreement with 1 or more employee         Section 165
organisations that represent, or are entitled to represent, Council’s employees,
or the employees of Council at the time the agreement is made.
Power, as an employer, to consent to the making of a bargaining award.               Section 167(a)
Power, as a proposer, to give a notice of intention to:-                             Section 169(2)
(a) the other proposed parties to the negotiations;
(b) if the negotiations relate to a project agreement—all relevant employee
organisations and the commission.
Power, as a recipient of a notice of intention where the negotiations:-              Section170(2)
(a) relate to a project agreement; or
(b) involve a multi-employer agreement,
to give written notice of Council’s intention to be a party to the negotiations to
the proposer and the commission.
Power, as the employer and where the circumstances of section 171(1) exist, to       Section 171(2)
take reasonable steps to ensure compliance with section 171(2).
Power, as the employer and where the circumstances of section 171(1) exist, to       Section 171(4)
give the relevant employee organisation a reasonable opportunity to represent
the employee as required by section 171(4).

                                                                                         Page 3 of 9