Broadcasting Act 2009

15.

Staff.

15.— (1) The Authority shall, as well as appointing the chief executive, appoint such and so many other persons to be members of the staff of the Authority as the Authority from time to time thinks proper, subject to the prior consent of the Minister and the Minister for Finance.

(2) A person shall not be appointed under this section to be a member of the staff of the Authority unless he or she has been selected by means of a public competition.

(3) The requirement under subsection (2) of being selected by means of a public competition does not apply in relation to:

( a) a person who, immediately before the establishment day, was a member of staff of the BCI,

( b) an appointment consisting of the promotion of a person who is already a member of staff of the Authority,

( c) an office for which, in the opinion of the Authority, specialised qualifications not commonly held are required, or

( d) an office to which appointments are made for limited periods only, being periods not exceeding 2 years.

(4) A member of staff of the Authority shall hold his or her office or employment on such terms and conditions as the Authority from time to time determines, subject to the consent of the Minister and the Minister for Finance.

(5) The Authority may perform any of its functions through or by any of its members of staff duly authorised by the Authority in that behalf.

(6) The Authority shall accept into its employment, on the establishment day in accordance with this section, every person who immediately before the establishment day is a member of staff of the BCI.

(7) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a member of staff of the BCI who is transferred on the establishment day to the Authority shall not, while in the service of the Authority, receive a lesser scale of pay or be subject to less beneficial conditions of service than the scale of pay to which he or she was entitled and the conditions of service to which he or she was subject immediately before the establishment day.

(8) Until such time as the scales of pay and conditions of service of members of staff so transferred are varied by the Authority, following consultation with recognised trade unions or staff associations, the scales of pay to which they were entitled and the conditions of service, restrictions, requirements and obligations to which they were subject before their transfer shall continue to apply to them and may be exercised or imposed by the Authority or the chief executive, of the Authority as the case may be, while they are in its service. As provided in subsection (7), no such variation shall operate to worsen the scales of pay and conditions of service applicable to such members of staff immediately before the establishment day, save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned.

(9) The conditions in regard to tenure of office which are granted by the Authority in relation to a member of staff so transferred shall not, while he or she is in the service of the Authority, be less favourable to him or her than those prevailing on establishment day in the BCI. Any alteration in the conditions in regard to tenure of office of any such member shall not be less favourable to him or her than the prevailing conditions in the BCI at the time of such alteration, save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned. If a dispute arises between the Authority and any such member of staff as to conditions prevailing in the BCI on the establishment day, the matter shall be determined by the Minister for Finance.