(1) A public servant shall, unless he or she is by virtue of subsection (2) a non-covered public servant, be a "covered public servant" for the purposes of this Act.

(2) Where subsection (4) or (5) applies to a public servant and the trade union or staff association referred to in subsection (4) or (5) has not notified to the Workplace Relations Commission, in writing, its assent to be bound by the terms of the Public Service Stability Agreement, then that public servant shall be a "non-covered public servant" for the purposes of this Act.

(3) Subsection (2), so far as it provides for the case of a public servant who, as mentioned in subsection (5), is not a member of a recognised trade union or staff association, is subject to subsection (6).

(4) This subsection applies to a public servant who is a member of a recognised trade union or staff association.