(1) The power to engage and manage the staff of a port authority is vested in its board.

(2) The power conferred by subsection (1) ¾

(a) includes powers to determine remuneration and other terms and conditions of service of staff, to remove, suspend and discipline staff and to terminate the employment of staff; and

(b) does not preclude the delegation of any matter under section 44.

(3) The remuneration of and other terms and conditions of employment of staff are not to be less favourable than is provided for in ¾

(a) an applicable award, order or agreement under the Industrial Relations Act 1979; or

(b) the Minimum Conditions of Employment Act 1993.

(4) There are excluded from the operation of sections 41, 41A and 43 of the Industrial Relations Act 1979 ¾

(a) any matters dealt with by an instrument issued under section 17, except ¾

(i) rates of remuneration;

(ii) leave;

(iii) hours of duty; and

(iv) matters that are similar to matters prescribed for the purposes of section 99(1)(a)(iv) of the Public Sector Management Act 1994;

and

(b) matters concerning the management of the staff that are similar to matters prescribed for the purposes of section 99(1)(c) of the Public Sector Management Act 1994.

(4a) A matter referred to in subsection (4) cannot be varied or affected by an employer-employee agreement made under Part VID of the Industrial Relations Act 1979.

[(5) repealed]

(6) Nothing in this section other than subsection (4a) affects the operation of Part VID of the Industrial Relations Act 1979.

[Section 16 amended by No. 20 of 2002 s. 23; amended in Gazette 15 Aug 2003 p. 3689.]