Document ID: chunk:federal_register_of_legislation:F2015C00475:body:0:p4
Version: federal_register_of_legislation:F2015C00475
Segment Type: other
Provision Reference: 
Character Range: 8015–10974

and Regional Development.

    5E. However, the annual salary that applies to the employee on 1 June 2015 is the greater of:
           (a) the annual salary that applied to the employee immediately before 1 June 2015; and
           (b) the annual salary that would, apart from this clause, apply to the employee on 1 June 2015.

    5F. The annual salary worked out under clause 5E ceases to apply when the salary of the employee is increased by:
           (a) a fair work instrument within the meaning of the Fair Work Act 2009; or
           (b) a transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or
           (c)  a determination under subsection 24(1) or (3) of the Public Service Act 1999; or
           (d) a written contract of employment.

Operation of other instruments

    6. Employees to whom this Determination applies will not be covered by:
           (a) any enterprise agreement (other than an enterprise agreement that commences operation after the date on which this Determination takes effect);
           (b) the Australian Public Service Award 1998; or
           (c) any other fair work instrument or WR Act transitional instrument (as those terms are defined in the Public Service Act 1999) that would otherwise cover the employee.

Terms and conditions applying to employees

    7. The terms and conditions of employment (including remuneration) of:
           (a) a Moving Employee shall be the same as they would have been if the Governor-General in Council had not made the Administrative Arrangements Orders on 18 September 2013;
           (b) a New Employee shall be the terms and conditions (including remuneration) contained in the enterprise agreement that, immediately before the Governor-General in Council made the Administrative Arrangements Orders on 18 September 2013, applied to employees in the Losing Agency performing the function to be performed by the New Employee;
           (c) a Moving Aid Employee shall be the same as they would have been if the Administrator of the Commonwealth of Australia had not made the order on 17 October 2013 abolishing AusAID as an Executive Agency;
           (d) a New Aid employee shall be the terms and conditions contained in the AusAID Enterprise Agreement 2011 – 2014,

           except that any reference in the terms and conditions to the relevant Losing Agency is substituted with a reference to the relevant Gaining Agency.

    8. It is not inconsistent with this Determination for an Agency Head to make a determination pursuant to section 24(1) of the Public Service Act 1999 supplementing the terms and conditions of employment that apply to an employee by operation of this Determination.

Policies, guidelines and procedures that applied to the employee in the Losing Agency

    9. This clause 9 applies where the terms and conditions of employment preserved by operation