I, Greg Feeney, Acting Division Manager, Financial Reporting and Cash Management Division, Department of Finance and Deregulation, make this Determination under subsection 32 (2) of the Financial Management and Accountability Act 1997 (the FMA Act).

This Determination is made because the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 transferred the operations of the Australian Fair Pay Commission Secretariat to Fair Work Australia.

Dated 18^th September 2009

Greg Feeney

1              Name of Determination

                This Determination is the FMA Act Determination 2009/13 — Section 32 (Transfer of Functions from AFPCS to FWA).

Note 1   This Determination has been made by a delegate of the Secretary of the Department of Finance and Deregulation. The Secretary is a delegate of the Minister for Finance and Deregulation: see sections 53 and 62 of the FMA Act.

Note 2   Acronyms and other organisational names used in this Determination are as follows:

(a)         “AFPCS” – refers to the Australian Fair Pay Commission Secretariat.

(b)         “FWA” – refers to Fair Work Australia.

2              Commencement

This Determination is taken to have commenced on 1 July 2009.

Note   Under subsection 32(8) of the FMA Act, a Determination may be expressed to take effect before its making and registration under the Legislative Instruments Act 2003.

3              Amendment of Appropriation Act (No. 1) 2006–2007

                Schedule 1 amends the Appropriation Act (No. 1) 2006–2007 to transfer an amount of $2,724,364.63 of the departmental item for the Australian Fair Pay Commission Secretariat to the departmental item for Fair Work Australia.

Note   The amount transferred relates to the transfer of the operations of the Australian Fair Pay Commission Secretariat.   

4              Amendment of Appropriation Act (No. 1) 2007–2008

                Schedule 2 amends the Appropriation Act (No. 1) 2007–2008 to transfer an amount of $1,326,712.46 of the departmental item for the Australian Fair Pay Commission Secretariat to the departmental item for Fair Work Australia.

Note   The amount transferred relates to the transfer of the operations of the Australian Fair Pay Commission Secretariat.   

5              Amendment of Appropriation Act (No. 1) 2008–2009

                Schedule 3 amends the Appropriation Act (No. 1) 2008–2009 to transfer an amount of $2,180,292.70 of the departmental item for the Australian Fair Pay Commission Secretariat to the departmental item for Fair Work Australia.

Note   The amount transferred relates to the transfer of the operations of the Australian Fair Pay Commission Secretariat.

Schedule 1        Amendment of Appropriation Act (No. 1) 2006–2007

(section 3)

[1]           Schedule 1, Employment and Workplace Relations portfolio, Australian Fair Pay Commission Secretariat table, total for the Australian Fair Pay Commission Secretariat, Departmental Outputs

omit

7,718

insert

4,993.63537

[2]           Schedule 1, Employment and Workplace Relations portfolio, after the Australian Fair Pay Commission Secretariat table

insert

Note 1:          The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:

(a)      for departmental items, the actual appropriation item is the “Total” amount in

relation to an entity under the heading “Departmental Outputs”; and

(b)      for administered items, the actual appropriation item is the amount set out

opposite an Outcome of an entity under the heading “Administered Expenses”.

No other amounts in the table have been amended.

Note 2:          FMA Act Section 32 Determination 2009/13 amended the amount alongside Total: Australian Fair Pay Commission Secretariat under the heading Departmental Outputs, to transfer an amount to Fair Work Australia.

[3]           Schedule 1, Employment and Workplace Relations portfolio, after the Equal Opportunity for Women in the Workplace Agency table

insert

Note 1:          The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:

(a)   for departmental items, the actual appropriation item is the “Total” amount in

relation to an entity under the heading “Departmental Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out

opposite an Outcome of an entity under the heading “Administered Expenses”.

                      No other amounts in the table have been inserted.

Note 2:          FMA Act Section 32 Determination 2009/13 inserted the amount alongside Total: Fair Work Australia under the heading Departmental Outputs, to transfer an amount from the Australian Fair Pay Commission Secretariat.

Schedule 2        Amendment of Appropriation Act (No. 1) 2007–2008

(section 4)

[1]           Schedule 2, Employment and Workplace Relations portfolio, Australian Fair Pay Commission Secretariat table, total for the Australian Fair Pay Commission Secretariat, Departmental Outputs

omit

10,778

insert

9,451.28754

[2]           Schedule 2, Employment and Workplace Relations portfolio, after the Australian Fair Pay Commission Secretariat table

insert

Note 1:          The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:

(a)      for departmental items, the actual appropriation item is the “Total” amount in

relation to an entity under the heading “Departmental Outputs”; and

(b)      for administered items, the actual appropriation item is the amount set out

opposite an Outcome of an entity under the heading “Administered Expenses”.

No other amounts in the table have been amended.

Note 2:          FMA Act Section 32 Determination 2009/13 amended the amount alongside Total: Australian Fair Pay Commission Secretariat under the heading Departmental Outputs, to transfer an amount to Fair Work Australia.

[3]           Schedule 2, Employment and Workplace Relations portfolio, after the Equal Opportunity for Women in the Workplace Agency table

insert

Note 1:          The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:

(a)   for departmental items, the actual appropriation item is the “Total” amount in

relation to an entity under the heading “Departmental Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out

opposite an Outcome of an entity under the heading “Administered Expenses”.

                      No other amounts in the table have been inserted.

Note 2:          FMA Act Section 32 Determination 2009/13 inserted the amount alongside Total: Fair Work Australia under the heading Departmental Outputs, to transfer an amount from the Australian Fair Pay Commission Secretariat.

Schedule 3        Amendment of Appropriation Act (No. 1) 2008–2009

(section 5)

[1]           Schedule 3, Education, Employment and Workplace Relations portfolio, Australian Fair Pay Commission Secretariat table, total for the Australian Fair Pay Commission Secretariat, Departmental Outputs

omit

7,479

insert

5,298.70730

[2]           Schedule 3, Education, Employment and Workplace Relations portfolio, after the Australian Fair Pay Commission Secretariat table

insert

Note 1:          The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:

(a)      for departmental items, the actual appropriation item is the “Total” amount in

relation to an entity under the heading “Departmental Outputs”; and

(b)      for administered items, the actual appropriation item is the amount set out

opposite an Outcome of an entity under the heading “Administered Expenses”.

No other amounts in the table have been amended.

Note 2:          FMA Act Section 32 Determination 2009/13 amended the amount alongside Total: Australian Fair Pay Commission Secretariat under the heading Departmental Outputs, to transfer an amount to Fair Work Australia.

[3]           Schedule 3, Education, Employment and Workplace Relations portfolio, after the Australian Industrial Registry table

insert

Note 1:          The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:

(a)   for departmental items, the actual appropriation item is the “Total” amount in

relation to an entity under the heading “Departmental Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out

opposite an Outcome of an entity under the heading “Administered Expenses”.

                      No other amounts in the table have been inserted.

Note 2:          FMA Act Section 32 Determination 2009/13 inserted the amount alongside Total: Fair Work Australia under the heading Departmental Outputs, to transfer an amount from the Australian Fair Pay Commission Secretariat.