Public Service Act – Determination under subsection 24(3) (13/03/2008)

as amended

made under subsection 24(3) of the

This compilation was prepared on 11 December 2009
taking into account amendments up to Public Service Act 1999 – Amendment Determination under subsection 24(3) (29/10/2009) (F2009L04108)

Prepared by the Department of Education, Employment and Workplace Relation s

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 Fair Work Australia.

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 Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 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 an enterprise 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, a
pre-reform certified agreement or an enterprise agreement;

‘AWA’, ‘collective agreement’, ‘pre-reform AWA’ and ‘pre-reform certified agreement’ have the same meanings as in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009;

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

‘enterprise agreement’ has the same meaning as in the Fair Work Act 2009.

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 until the AWA or pre-reform AWA is terminated, whichever is earlier.

Notes to the Public Service Act – Determination under subsection 24(3) (13/03/2008)

Note 1

The Public Service Act – Determination under subsection 24(3) (13/03/2008)  
(in force under subsection 24(3) of the Public Service Act 1999) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Table of Amendments