The SOE Act defines four types of state-owned enterprises, each with different objectives and functions. They are as follows: in general, it is public sector employees and not civil servants (employees of departments and administrations), so that there are no common wage structures and that conditions and remuneration are set by enterprise bargaining. A public company may be created by decision of the Governor of the Council, after approval by the cabinet. While this has some practical advantages for the rapid creation of state-owned enterprises, they will not have the parliamentary control necessary to set up other forms of legal authorities. A state-owned enterprise is a legal authority created under the State Enterprise Act. Examples in Victoria are VicForests and the Victorian Competition and Efficiency Commission. Incorporated public entities are used for a wide range of functions and have a number of legal forms, including a company or state owned enterprise. In general, a legal authority is the most appropriate legal form for organizations that perform tasks beyond orientation. If the company is to operate on a commercial basis or move from a non- or quasi-commercial basis to a fully commercial entity, it may be appropriate to create the business as a public enterprise. The Crown Corporation Defined under the S. 3 of the State Owned Enterprises Act, a public business entity created under the Act. Includes three types, as defined by law: the public body, the public enterprise or the public enterprise.
The enabling provisions (or the governor in the Board`s decision, when a public company) should provide for the employment of staff by the legal authority and define the main employment powers of the public body. In exercising these powers, the head of the legal authority must comply with the relevant provisions of the Public Administration Act, such as the guarantee. B compliance with the employment principles and standards adopted by the CSSP. Further information on when and how to set up a state-owned enterprise should be obtained from the Assistant Secretary for Market Engagement and the Department of Finance`s Business Department. The provisions of the Fair Work Act 2009 (Cth) should be taken into consideration. Yes, for example. B a new unit is set up and as staff move from a department or administrative service to the new unit, the conditions of employment of employees requested as part of their prior agreement will be maintained. Any new worker would also be entitled to the same labour rights as the transfer of workers. The Victorian government`s Department of Industrial Relations and Security at the Public Prosecutor`s Office can provide legal advice on relevant employment rights.