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Determinations/Other as made
This instrument provides for the terms and conditions of employment that apply to an APS employee in the Department of Climate Change, Energy, the Environment and Water, other than an SES employee or an employee at a level equivalent to that of an SES employee.
Administered by: Prime Minister and Cabinet
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 54
Registered 06 Sep 2022
Tabling HistoryDate
Tabled HR07-Sep-2022
Tabled Senate08-Sep-2022
Table of contents.

Commonwealth Coat of Arms of Australia

 

Public Service (Terms and Conditions of Employment) (Department of Climate Change, Energy, the Environment and Water) Determination 2022

I, Katy Gallagher, Minister for the Public Service, make the following determination.

Dated 3 September 2022

 

 

KATY GALLAGHER

Katy Gallagher

Minister for the Public Service

 

  

  

  


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) (Department of Climate Change, Energy, the Environment and Water) Determination 2022.

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.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

7 September 2022

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, as in force immediately before the commencement of this instrument.

Note:          The DEE Agreement could in 2022 be viewed on the Fair Work Commission’s website (https://www.fwc.gov.au).

DEE Salaries and Allowances Determination means the Determination under subsection 24(1) of the Public Service Act 1999 made on 30 September 2019 by the Secretary of the Department of the Environment and Energy.

Department of Climate Change, Energy, the Environment and Water means the Department of that name referred to in the Administrative Arrangements Order made on 23 June 2022.

Department of the Environment and Energy means the Department of that name referred to in the Administrative Arrangements Order made on 29 May 2019.

5  Application of this instrument to APS employees

                   This instrument applies to an APS employee in the Department of Climate Change, Energy, the Environment and Water, other than an SES employee or an employee at a level equivalent to that of an SES employee.

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 are the terms and conditions of employment set out in the DEE Agreement, as that Agreement has effect under this section.

DEE Agreement—general

             (2)  The DEE Agreement has effect as if:

                     (a)  a reference in the DEE Agreement to the Department of the Environment and Energy were a reference to the Department of Climate Change, Energy, the Environment and Water; and

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

                     (c)  a reference in the DEE Agreement to the Secretary of the Department of the Environment and Energy were a reference to the Secretary of the Department of Climate Change, Energy, the Environment and Water; and

                     (d)  clause 1.5 (nominal expiry date) of the DEE Agreement were omitted.

Substitution of DEE Agreement provisions—salary and allowance rates

             (3)  The DEE Agreement has effect as if the columns of a table in Schedule 1, 3 or 4 to the DEE Agreement dealing with pay rates for classifications were omitted and substituted with the column dealing with salary rates for those classifications headed “2% increase ‑ 30 November 2021” in Table 1 in the Schedule to the DEE Salaries and Allowances Determination.

             (4)  The DEE Agreement has effect as if the columns of the table in Schedule 2 to the DEE Agreement dealing with allowance rates were omitted and substituted with the column headed “2% increase ‑ 30 November 2021” in Table 2 in the Schedule to the DEE Salaries and Allowances Determination.

Salary rates under this instrument if increased by a determination under subsection 24(1) of the Act

             (5)  If a determination under subsection 24(1) of the Act provides for an increased amount of salary for a classification set out in a table in Schedule 1, 3 or 4 to the DEE Agreement, the pay rate that applies under subsection (3) of this section for that classification does not apply during the period that the determination is in effect.

             (6)  If a determination under subsection 24(1) of the Act is made in relation to an individual employee to whom this instrument applies and the determination provides for an increased amount of salary for that employee, the pay rate that applies under subsection (3) of this section for that employee does not apply during the period that the determination is in effect.

Allowance rates under this instrument if increased by a determination under subsection 24(1) of the Act

             (7)  If a determination under subsection 24(1) of the Act:

                     (a)  is made in relation to a group of employees to whom this instrument applies; and

                     (b)  provides for an increased amount of an allowance set out in the table in Schedule 2 to the DEE Agreement;

the allowance rate that applies under subsection (4) of this section for that allowance does not apply in relation to those employees during the period that the determination is in effect.

             (8)  If a determination under subsection 24(1) of the Act:

                     (a)  is made in relation to an individual employee to whom this instrument applies; and

                     (b)  provides for an increased amount of an allowance set out in the table in Schedule 2 to the DEE Agreement;

the allowance rate that applies under subsection (4) of this section for that allowance does not apply in relation to the employee during the period that the determination is in effect.

8  Procedure for dealing with disputes

                   For the avoidance of doubt, clauses 2.24 to 2.31 (resolution of agreement disputes) of the DEE Agreement, as that Agreement has effect under section 7 of this instrument:

                     (a)  are terms and conditions applying to an APS employee to which this instrument applies; and

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