Federal Register of Legislation - Australian Government

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Determinations/Other as made
This Determination provides for the terms and conditions for Australian Public Service employees of those Departments which were abolished on 3 December 2007.
Administered by: Prime Minister and Cabinet
General Comments: Schedule 2 of the Public Service Act 1999 - Determination under subsection 24(3) (13/03/2008) is revoked immediately after the commencement of the Department of Resources, Energy and Tourism Enterprise Agreement 2009-2011 and the Department of Industry, Innovation, Science and Research Enterprise Agreement 2009-2011.
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 54
Registered 13 Mar 2008
Tabling HistoryDate
Tabled HR17-Mar-2008
Tabled Senate17-Mar-2008

Public Service Act 1999

 

Determination under subsection 24(3)

 

1.      I, John Philip Faulkner, Public Service Minister, being of the opinion that it is necessary to do so because of exceptional circumstances, hereby:

 

(a) revoke the Determination I made on 6 December 2007 under subsection 24(3) of the Public Service Act 1999; and

 

(b) determine the remuneration and conditions of employment of the employees covered by Schedules 1 and 2 of this Determination as specified in those Schedules and in clauses 2, 3 and 4 of this Determination.

 

Dispute resolution

 

2.   If the conditions of employment applicable to an employee under this Determination include provision for referral of disputes to the Australian Industrial Relations Commission, the provision shall be read instead to provide for referral of those disputes in those circumstances to an independent conciliator or mediator (not being the Australian Industrial Relations Commission) agreed between the parties to the dispute.

 

Nature of determination

 

3.   This Determination determines minimum remuneration and conditions of employment. Remuneration and conditions of employment, or an aspect or aspects of remuneration and conditions of employment, can be provided to one or more APS employees by a determination made under subsection 24(1) of the Public Service Act 1999 or an employee’s contract of employment, provided that the remuneration and conditions of employment are no less favourable overall to the employee or employees than the remuneration and conditions of employment determined by this Determination.

 

4.   This Determination does not affect conditions of employment contained in, or derived from, legislation other than the Workplace Relations Act 1996 or an agreement, however made, between the Commonwealth and an employee or employees as to the salary for superannuation purposes of the employee or employees.

 

Note: Examples of other legislation setting conditions of employment are the Public Service Act 1999, the Long Service Leave (Commonwealth Employees) Act 1976, the Maternity Leave (Commonwealth Employees) Act 1973, the Superannuation Act 1976, the Superannuation Act 1990 and the Superannuation Act 2005.

 

 

Term of Determination

 

5.   This Determination takes effect on and from the day on which it is registered under the Legislative Instruments Act 2003.

 

6.   This Determination ceases to apply to an employee if a collective agreement starts to operate for the Department in which the employee works.

 

Definitions

 

7. In this Determination:

 

‘agreement’ means an AWA, a collective agreement, a pre-reform AWA or a pre-reform certified agreement ;

 

‘AWA’, ‘collective agreement’, ‘pre-reform AWA’ and ‘pre-reform certified agreement’ have the same meanings as in the Workplace Relations Act 1996;

 

‘APS employee’ and ‘SES employee’ have the same meanings as in the Public Service Act 1999.

 

 

Dated this 13th day of March 2008

 

 

 

 

 

John Faulkner

Public Service Minister


Schedule 1

Department of Broadband, Communications and the Digital Economy

 

Non-SES employees

 

1.      The remuneration and conditions of employment of the APS employees of the Department of Broadband, Communications and the Digital Economy who are not SES employees shall be the same as the remuneration and conditions of employment in the Department of Communications, Information Technology and the Arts’ Collective Agreement 2007-2010.

 

SES employees

 

2.      The remuneration and conditions of employment of the APS employees of the Department of Broadband, Communications and the Digital Economy who are SES employees shall be as determined by a determination made under subsection 24(1) of the Public Service Act 1999 or the employee’s contract of employment or both.

 

AWA conditions of SES and non-SES employees

 

3.      Despite clauses 1 and 2 of this Schedule, if:

 

(a)  the employment of an APS employee was subject to an AWA or pre-reform AWA immediately before the establishment of the Department on 3 December 2007; or

 

(b)  the employment of an APS employee is subject to an AWA which has commenced operation since the establishment of the Department on 3 December 2007,

 

the remuneration and conditions of employment of the employee shall be the same as the remuneration and conditions of employment in the AWA or pre-reform AWA.

 

4.   Clause 3 of this Schedule operates for so long as the AWA or pre-reform AWA is capable of applying to the duties performed by the employee (despite any references in the AWA or pre-reform AWA to an abolished Department) or the AWA or pre-reform AWA is terminated, whichever is earlier.


 

Schedule 2

Department of Climate Change; Department of Education, Employment and Workplace Relations; Department of Innovation, Industry, Science and Research; Department of Resources, Energy and Tourism

 

Existing employees  

 

1.   In this Schedule, ‘existing employee’ means an APS employee who:

 

(a) has been, or will be, moved by determination in writing under paragraph 72(1)(a) of the Public Service Act 1999 to:

 

° the Department of Climate Change,

° the Department of Education, Employment and Workplace Relations,

° the Department of Innovation, Industry, Science and Research, or

° the Department of Resources, Energy and Tourism,

 

because, on 3 December 2007, the Governor-General in Council abolished and established Departments of State; and

 

(b) is an employee whose salary is paid by the Department; and

 

(c) is not an employee who works in Geoscience Australia, Questacon, IP Australia or the National Measurement Institute.

 

2.   The remuneration and conditions of employment of an existing employee shall be the same as they would have been if the Governor-General in Council had not on 3 December 2007 abolished and established Departments of State.

 

3.   If the employment of an existing employee was subject to an AWA or pre-reform AWA immediately before the establishment of the Departments mentioned in paragraph 1(a) of this Schedule, clause 2 of this Schedule operates for so long as the remuneration and conditions of employment in the AWA or pre-reform AWA are capable of applying to the duties performed by the employee (despite any references in the AWA or pre-reform AWA to an abolished Department) or the AWA or pre-reform AWA is terminated, whichever is earlier.

 

Note: Clause 8 of this Schedule deals with what happens if clause 2 ceases to operate because of clause 3.

 

New employees

 

4.   In this Schedule, ‘new employee’ means an APS employee who:

 

(a) works in one of the Departments mentioned in paragraph 1(a) of this Schedule; and

 

(b) was not moved to the Department as described in paragraph 1(a) of this Schedule; and

 

(c)    is an employee whose salary is paid by the Department; and

 

(d) is not an employee who works in Geoscience Australia, Questacon, IP Australia or the National Measurement Institute.

 

5.      The remuneration and conditions of employment of a new employee shall be:

 

(a)    if the employee is not an SES employee, the same as the remuneration and conditions of employment in a pre-reform certified agreement or collective agreement that is nominated by the Secretary of the Department (or an APS employee appointed by the Secretary for this purpose); or

 

(b)   if the employee is an SES employee, as determined by a determination made under subsection 24(1) of the Public Service Act 1999 or the employee’s contract of employment or both.

 

6.   For the purpose of paragraph 5(a) of this Schedule, the pre-reform certified agreement or collective agreement must be one of the pre-reform certified agreements or collective agreements that applied (or, but for a pre-reform AWA or AWA, would have applied) to at least one APS employee who has been moved, as described in paragraph 1(a) of this Schedule, to the Department.

 

7.   Despite clause 5, if the employment of a new employee is subject to an AWA, the remuneration and conditions of employment of the employee shall be the same as the remuneration and conditions of employment in the AWA.  This clause operates for so long as the AWA is capable of applying to the duties performed by the employee (despite any references in the AWA to an abolished Department) or the AWA is terminated, whichever is earlier.

 

Note: Clause 8 of this Schedule deals with what happens if clause 7 ceases to operate.

 

Transfers and promotions

 

8.   If, on or after the date on which this Determination takes effect:

 

(a)  an existing employee is assigned different duties in the Department from the duties assigned to the employee on being moved as described in paragraph 1(a) of this Schedule or a new employee is assigned different duties in the Department from the duties assigned to the employee on joining the Department; and

 

(b)  the conditions of employment in an AWA or a pre-reform AWA (if any) are not capable of applying to the new duties (see clauses 3 and 7 of this Schedule),

 

the remuneration and conditions of employment of the employee shall be:

 

(c)  if the employee is not an SES employee, the same as the remuneration and conditions of employment in a pre-reform certified agreement or collective agreement that is nominated by the Secretary of the Department (or an APS employee appointed by the Secretary for this purpose), being an agreement mentioned in clause 6 of this Schedule; or

 

(d)  if the employee is an SES employee, as determined by a determination made under subsection 24(1) of the Public Service Act 1999 or the employee’s contract of employment or both.