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Determinations/Other as amended, taking into account amendments up to Public Service (Subsection 24(3)—Non-SES employees in the Marine Unit) Amendment Determination 2018
Administered by: Prime Minister and Cabinet
Registered 16 Aug 2018
Start Date 15 Aug 2018

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Determination under subsection 24(3)— Non‑SES employees in the Marine Unit to be moved to the Department of Immigration and Border Protection by determination under paragraph 72(1)(a) of the Public Service Act 1999 on 1 July 2015

made under subsection 24(3) of the

Public Service Act 1999

Compilation No. 1

Compilation date:                              15 August 2018

Includes amendments up to:            F2018L01117

Registered:                                         16 August 2018

 

About this compilation

This compilation

This is a compilation of the Determination under subsection 24(3)— Non-SES employees in the Marine Unit to be moved to the Department of Immigration and Border Protection by determination under paragraph 72(1)(a) of the Public Service Act 1999 on 1 July 2015 that shows the text of the law as amended and in force on 15 August 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


1.              Application of Determination

1.1           This Determination applies to an APS employee (other than a Senior Executive Service employee) who:

(a)         will be moved from the Australian Customs and Border Protection Service (Customs) to the Department of Immigration and Border Protection (Department) by determination in writing under section 72(1)(a) of the Public Service Act 1999 on 1 July 2015; and

(b)        is a Marine Unit employee (Moving Employee).

1.2           This Determination also applies to an APS employee (other than a Senior Executive Service employee) who:

(a)         is not a Moving Employee; and

(b)        after 1 July 2015, becomes a Marine Unit employee, (New Employee).

1.3           Moving Employees and New Employees are referred to collectively in this Determination as Employees.

2.              Period of operation

2.1           This Determination takes effect on and from 1 July 2015.

2.2           This Determination will continue to apply to Employees until:

(a)         it is replaced in its entirety by another determination made under subsection 24(3) of the Public Service Act 1999 that applies to the Employees; or

(b)        it is revoked.

2.3           This clause has effect subject to clause 3.

3.              When the Determination ceases to apply to an employee

3.1           This Determination ceases to apply to an Employee if:

(a)         an enterprise agreement or workplace determination that covers the Employees commences operation after the date on which this Determination takes effect; or

(b)        the Employee ceases to be a Marine Unit employee.

4.              Operation of other instruments

4.1           If this Determination applies to employee they will not be covered by the following:

(a)         any enterprise agreement (except as provided in 5.1);

(b)        the Australian Public Service Enterprise Award 2015; or

(c)         any other fair work instrument or WR Act transitional instrument (as those terms are defined in the Public Service Act 1999) that would otherwise cover the Employee.

5.              Terms and conditions applying to employees

5.1           The terms and conditions of employment (including remuneration) of:

(a)         a Moving Employee shall be the same as they would have been if the Moving Employee had not been moved from Customs to the Department with effect from 1 July 2015; and

(b)        a New Employee shall be the terms and conditions (including remuneration) contained in the Australian Customs and Border Protection Service Enterprise Agreement 2011‑2014 (Customs Agreement),

except that any reference in the terms and conditions to Customs is substituted with a reference to the Department.

5.2           It is not inconsistent with this Determination for an Agency Head to make a determination pursuant to section 24(1) of the Public Service Act 1999 supplementing the terms and conditions of employment that apply to an employee by operation of this Determination.

6.              Policies, guidelines and procedures that applied to the employee in Customs

6.1           This clause 6 applies where the terms and conditions of employment preserved by operation of clause 5 refer to various policies, guidelines and procedures (however described) which applied to the Employees' employment in Customs.  Any such policies, guidelines and procedures:

(a)         will continue to apply to the Employees in their current form, except to the extent that a policy, guideline or procedure is not capable of meaningful operation because of the movement of the Employees to the Department; and

(b)        do not form part of this Determination and this Determination prevails over any policies, guidelines or procedures to the extent of any inconsistency.

7.              INTERPRETATION

7.1           In this Determination:

Marine Unit employee means an employee in a sea‑going position who is assigned to perform duties as a member of a crew on a Customs and Border Protection Sea‑going Vessel and whose main role is to perform crewing, watch or enforcement functions on board that vessel.

7.2           In this Determination, the terms used in provisions incorporated from the Customs Agreement are substituted as follows:

Term in Customs Agreement

Substituted term

Agreement

Determination

Chief Executive Officer or delegates (CEO)

Secretary or delegates

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Determination under subsection 24(3)— Non‑SES employees in the Marine Unit to be moved to the Department of Immigration and Border Protection by determination under paragraph 72(1)(a) of the Public Service Act 1999 on 1 July 2015

29 June 2015 (F2015L00979)

30 June 2015

 

Public Service (Subsection 24(3)—Non‑SES employees in the Marine Unit) Amendment Determination 2018

14 Aug 2018 (F2018L01117)

15 Aug 2018 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

c 2.3..........................................

ad F2018L01117

c 3.1..........................................

am F2018L01117