Public Service Act 1999

Subsection 24(3)

Amendment Determination

I, Joseph William Ludwig, Public Service Minister, being of the opinion that it is necessary to do so because of exceptional circumstances, hereby:

(a)   amend the Determination made on 13 March 2008 under subsection 24(3) of the Public Service Act 1999 (the Principal Determination) as set out in the Attachment, to take effect on and from the day on which this Determination is registered under the Legislative Instruments Act 2003; and

(b)   revoke Schedule 2 of the Principal Determination immediately after the commencement of the Department of Resources, Energy and Tourism Enterprise Agreement 2009-2011 and the Department of Industry, Innovation, Science and Research Enterprise Agreement 2009-2011.

Dated this 29th day of October 2009

Joseph William Ludwig

Public Service Minister

ATTACHMENT

AMENDMENTS

1. Paragraph 2
   • Omit ‘an independent conciliator or mediator (not being the Australian Industrial Relations Commission) agreed between the parties to the dispute’
   • Substitute ‘Fair Work Australia’

2.      Paragraph 4

• Omit ‘Workplace Relations Act 1996’
• Substitute ‘Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009,’

3.      Paragraph 6

• Omit ‘a collective agreement’
• Substitute ‘an enterprise agreement’

4.      Paragraph 7 – definition of ‘agreement’

• Omit ‘or a pre-reform certified agreement’
• Substitute ‘, a pre-reform certified agreement or an enterprise agreement’

5.      Paragraph 7 – definition of ‘AWA’, ‘collective agreement’, ‘pre-reform AWA’ and ‘pre-reform certified agreement’

• Omit ‘Workplace Relations Act 1996’
• Substitute ‘Fair Work (Transitional Provisions and Consequential Amendments) Act 2009’

6.      Paragraph 7 – new definition of ‘enterprise agreement’

• Add:

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

7.      Schedule 1, paragraph 4

• Omit ‘or the’
• Substitute ‘or until the’