Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This Act applies in relation to a person who is engaged by or on behalf of the Commonwealth as an employee, to perform functions in a Commonwealth agency as if:
(a) the employee were employed by the agency (rather than the Commonwealth) for whom the person is to perform functions; and
(b) the agency were a body corporate; and
(c) the head of the agency (however described) has all the rights, duties and powers of an employer in relation to the employee.
(2) However, for the purposes of working out for the purposes of paragraph 101(1)(c) (which deals with when the Secretary must make an employer determination) whether the person has, or will have, been employed by the Commonwealth agency for at least 12 months:
(a) treat the reference in that paragraph to the employer as being a reference to the Commonwealth; and
(b) disregard subsection (1) of this section.