This instrument is the Public Service (Terms and Conditions of Employment) (Defence and Veterans’ Services Commission) Determination 2025.

This instrument commences on the day after it is registered.

3 Authority

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

4 Definitions

In this instrument:

APS Award means the Australian Public Service Enterprise Award 2015.

Commissioner means the Commissioner of the Defence and Veterans’ Services Commission.

Covered Employee means a non-SES employee employed in the Defence and Veterans’ Services Commission to whom this Instrument applies in accordance with section 5.

Defence and Veterans’ Services Commission means the statutory agency of that name established under section 110ZKA of the Defence Act 1903.

Instrument means the Public Service (Terms and Conditions of Employment)

(Defence and Veterans’ Services Commission) Determination 2025.

Enterprise Agreement means the Department of the Prime Minister and Cabinet Enterprise Agreement 2024-2027, as in operation immediately before the commencement of this Instrument.

Note: The Enterprise Agreement could in 2025 be viewed on the Fair Work Commission’s website (https://www.fwc.gov.au).

FW Act means the Fair Work Act 2009.

NES means the National Employment Standards in Part 2-2 of the FW Act.

PS Act means the Public Service Act 1999.

5 Application of this Instrument

This Instrument applies to all non-SES employees employed in the Defence and Veterans’ Services Commission pursuant to the PS Act.

6 When this Instrument ceases to apply to Covered Employees

This Instrument ceases to apply to a Covered Employee if:

(a) an enterprise agreement starts to apply to the Covered Employee (for the

purposes of the FW Act); or

(b) a workplace determination is made that covers the Covered Employee (for

the purposes of the FW Act).

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

7 Terms and conditions of employment

(1) The terms and conditions of employment applying to a Covered Employee:

(a) are the terms and conditions of employment set out in the Enterprise

Agreement, as amended by this Instrument; and

(b) are not any of the terms and conditions of employment set out in the APS

Award.

(2) The terms and conditions set out in the Enterprise Agreement (as applied by

operation of subsection (1)) are amended as follows:

(a) where the Enterprise Agreement uses the term "Agreement" to refer to the

Enterprise Agreement, the reference to "Agreement" is a reference to the

Enterprise Agreement as applied by this Instrument (unless context provides

otherwise);

(b) a reference in the Enterprise Agreement to "the Secretary of the Department

of the Prime Minister and Cabinet" is a reference to the Commissioner;

Commissioner;

  (d) a reference in the Enterprise Agreement to "the Department of the Prime
     Minster and Cabinet" or “PM&C” is a reference to the Defence and Veterans’
     Services Commission (unless context provides otherwise);

(e) a reference in the Enterprise Agreement to "Department" or "Departmental"

is a reference to the Defence and Veterans’ Services Commission (unless

context provides otherwise);

(f) a reference in the Enterprise Agreement to an "employee" is a reference to a

Covered Employee (unless context provides otherwise);

(g) a reference to “commencement of this Agreement” or "commencement of the
Agreement" is a reference to the commencement of this Instrument;

(h) clause 4 of the Enterprise Agreement (which specifies the nominal expiry

date of the Enterprise Agreement) is omitted;

(i) clauses 11 – 16 of the Enterprise Agreement (which sets out the procedures
for individual flexibility arrangements) are omitted;

  (j) clause 18(a) and (b) of the Enterprise Agreement (which provides that the
base salaries in Attachment A of the Enterprise Agreement include a 4.0 per
     cent increase from the first full pay period on or after 1 March 2024 (14
     March 2024)) and 3.8 per cent from the first full pay period on or after 1
March 2025 (13 March 2025)) are omitted;

  (k) the sentence in clause 82 of the Enterprise Agreement (which provides for
      payment of airline lounge membership fees for employees) stating
      “Employees may also purchase a membership at PM&C's discounted
      corporate rate.” is omitted.

  (l) the references to "PM&C Consultative Committee" in clauses 128, 342 and
     369 of the Enterprise Agreement are omitted and substituted with "Defence
     and Veterans’ Services Commission Consultative Committee, where one is
     in place";

  (m) Clause 414 of the Enterprise Agreement (which deals with the maintenance
      of disputes notified under the Department of the Prime Minister and Cabinet
      Enterprise Agreement 2021-2024) is omitted.

8 Procedure for dealing with disputes

(1) For the avoidance of doubt, clauses 406 to 415 (which is the term that provides for the dispute resolution procedure) of the Enterprise Agreement (as modified by section 7 of this Instrument) is:

a term or condition of employment applying to a Covered Employee; and
for the purposes of paragraph 738(d) of the FW Act, a term that provides for a procedure or dealing with disputes arising under this Instrument.

9 Interaction with other determinations made under the PS Act

(1) To the extent possible, this Instrument is to operate concurrently with any

determination made under subsection 24(1) of the PS Act.

(2) Without limiting subsection (1), this Instrument does not prevent a
      determination made under subsection 24(1) of the PS Act increasing the
      amount of salaries, allowances or other monetary entitlements provided under
      this Instrument.

10 Interaction with the NES and the APS Award

(1) This Instrument has no effect to the extent that it would exclude the NES or
any provision of the NES.

(2) While this Instrument is in force, the APS Award does not apply to Covered

Employees.

Note: The effect of this subsection is that this instrument will interact with the APS Award in

the same way as an enterprise agreement. See section 57 of the FW Act.