Family Support Agency Act, 2001

Transfer of staff of Minister to Agency.

16.—(1) Every person who immediately before the establishment day was an officer of the Minister and who is designated by the Minister for the purpose of this section shall, on that day, be transferred to and become a member of the staff of the Agency.

(2) Except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person who is transferred in accordance with subsection (1) to the staff of the Agency shall not, while in the service of the Agency, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (including those relating to terms of office) than the scale of pay to which he or she was entitled and the terms and conditions of service (including those relating to terms of office) to which he or she was subject immediately before his or her transfer.

(3) In relation to persons transferred in accordance with subsection (1) to the staff of the Agency, previous service in the civil service shall be reckonable for the purposes of, but subject to any exceptions or exclusions in—

(a) the Redundancy Payments Acts, 1967 to 1991,

(b) the Minimum Notice and Terms of Employment Acts, 1973 to 1991,

(c) the Unfair Dismissals Acts, 1977 to 1993,

(d) the Terms of Employment (Information) Act, 1994 ,

(e) the Organisation of Working Time Act, 1997 , and

(f) the Worker Protection (Regular Part-Time Employees) Act, 1991 .

(4) In this section “recognised trade union or staff association” means the trade unions and staff associations recognised by the Minister for the purpose of negotiations which are concerned with the transfer of staff to the Agency as well as remuneration, conditions of employment or working conditions of staff.