Document ID: chunk:federal_register_of_legislation:F2023L00811:clause:2_7:p1
Version: federal_register_of_legislation:F2023L00811
Segment Type: clause
Provision Reference: sch 2 cl 7 (pt 1/3)
Character Range: 3283–6172

7  Terms and conditions of employment
          (1)      The terms and conditions of employment applying to an Employee to whom this Determination applies:
             1. are the terms and conditions of employment set out in the Defence Agreement, as amended by this Determination; and
             2. are not any of the terms and conditions of employment set out in the APS Award.
       Defence Agreement - general
         (2)    The terms and conditions set out in the Defence Agreement (as applied by operation of subsection (1)) are amended as follows:
            1. a reference in the Defence Agreement to the Department of Defence is a reference to the Australian Submarine Agency (unless context provides otherwise);
            2. a reference in the Defence Agreement to Defence is a reference to the Australian Submarine Agency (unless context provides otherwise);
            3. a reference in the Defence Agreement to an employee covered by that Agreement is a reference to an Employee to whom this Determination applies;
            4. a reference in the Defence Agreement to the Secretary of the Department of Defence is a reference to the Agency Head;
            5. a reference in the Defence Agreement to the Agreement is a reference to the Agreement as applied by this Determination (unless context provides otherwise);
            6. clause A1.4 of the Defence Agreement (which specifies the nominal expiry date of that Agreement) is omitted;
            7. clauses G2.1 and G2.2 of the Defence Agreement (which refer to adjustments of rates of pay) are omitted;
            8. the sentence "The rates specified in Annex D come into effect on the dates determined in paragraph G2.1" is omitted from clause G9.1 of the Defence Agreement (which refers to allowances); and
            9. a new clause G6.3A is added as follows:
                  Where an employee was transferred to the Australian Submarine Agency from the Department of Defence by determination under section 72 of the Public Service Act 1999 on 1 July 2023, the employee's employment in the Department of Defence during the 2022/2023 performance cycle will be taken into account for the purpose of determining whether the employee has met the eligibility criteria under clause G6.3 in 2023.
       Substitution of Defence Agreement Provisions – salary and allowance rates
         (3)    The terms of the Defence Agreement (as applied by operation of subsection (1)) are amended by omitting Table 1, Table 2 and Table 3 of Annex C of the Defence Agreement and substituting Table 1, Table 2 and Table 3 in Schedule 1 to this Determination.
         (4)    Subject to subsection (6) and (7), the rate of an Employee's salary will be increased by 3% on 17 August 2023, as described in Column 3 of Table 1 in Schedule 1.
         (5)    The adjustment of an Employee's salary under subsection (4) is to be