Public Service (Terms and Conditions of Employment) (Meat Inspectors) Determination 2020

Dated 30 January 2020

Greg Hunt

Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ Application of this instrument to APS employees......................................................... 2

6............ When this instrument ceases to apply to APS employees.............................................. 2

7............ Terms and conditions of employment............................................................................ 2

8............ Procedure for dealing with disputes.............................................................................. 3

1  Name

                   This instrument is the Public Service (Terms and Conditions of Employment) (Meat Inspectors) Determination 2020.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under subsection 24(3) of the Public Service Act 1999.

4  Definitions

                   In this instrument:

Act means the Public Service Act 1999.

DEE Agreement means the Department of the Environment and Energy Enterprise Agreement 2016–2019.

Department of Agriculture, Water and the Environment means the Department of that name referred to in the Administrative Arrangements Order made on 5 December 2019.

Meat Inspection Agreement means the Department of Agriculture and Water Resources Meat Inspection Enterprise Agreement 2019‑22, as in force immediately before the commencement of this instrument.

Note:          The Meat Inspection Agreement could in 2020 be viewed on the Fair Work Commission’s website (https://www.fwc.gov.au).

5  Application of this instrument to APS employees

                   This instrument applies to an APS employee in the Department of Agriculture, Water and the Environment whose classification under the Classification Rules is one of the following:

                     (a)  APS Meat Inspector 1;

                     (b)  APS Meat Inspector 2;

                     (c)  APS Meat Inspector 3;

                     (d)  APS Meat Inspector 4.

6  When this instrument ceases to apply to APS employees

                   This instrument ceases to apply to an APS employee if:

                     (a)  an enterprise agreement (other than the DEE Agreement) starts to apply to the employee (for the purposes of the Fair Work Act 2009); or

                     (b)  a workplace determination is made that covers the employee (for the purposes of the Fair Work Act 2009).

Note:          A workplace determination operates from the day on which it is made (see section 276 of the Fair Work Act 2009).

7  Terms and conditions of employment

             (1)  The terms and conditions of employment applying to an APS employee to whom this instrument applies:

                     (a)  are all of the terms and conditions of employment set out in the Meat Inspection Agreement, as that Agreement has effect under this section; and

                     (b)  are not any of the terms and conditions of employment set out in the DEE Agreement.

             (2)  The Meat Inspection Agreement has effect as if:

                     (a)  a reference in that Agreement to the Department of Agriculture and Water Resources were a reference to the Department of Agriculture, Water and the Environment; and

                     (b)  a reference in that Agreement to an employee covered by that Agreement were a reference to an APS employee to whom this instrument applies; and

                     (c)  clause 3.3 of that Agreement (which specifies the nominal expiry date of that Agreement) were omitted.

             (3)  If a determination under subsection 24(1) of the Act provides for an increased amount of salary for a classification set out in Table 8 or 9 in clause 28 of the Meat Inspection Agreement, the amount of salary set out in that table for that classification ceases to have effect on the commencement of that determination.

             (4)  If a determination under subsection 24(1) of the Act provides for an increased amount of an allowance provided for in the Meat Inspection Agreement, the amount of that allowance set out in the Meat Inspection Agreement ceases to have effect on the commencement of that determination.

8  Procedure for dealing with disputes

                   For the avoidance of doubt, clause 12 (which is about dispute resolution) of the Meat Inspection Agreement, as that Agreement has effect under section 7 of this instrument, is:

                     (a)  a term or condition of employment applying to an APS employee to whom this instrument applies; and

                     (b)  for the purposes of paragraph 738(d) of the Fair Work Act 2009, a term that provides a procedure for dealing with disputes arising under this instrument.