Document ID: chunk:federal_register_of_legislation:C2023A00071:clause:1_13
Version: federal_register_of_legislation:C2023A00071
Segment Type: clause
Provision Reference: sch 1 cl 13
Character Range: 15276–17000

13  Terms and conditions of employment

Terms and conditions
 (1) The terms and conditions of employment for a person employed under this Act include the terms and conditions set out in:
 (a) the agreement under which the person is employed; and
 (b) any fair work instruments (within the meaning of the Fair Work Act 2009) that apply to the person; and
 (c) any determination made under subsection (2) or (3) that applies to the person.
Note: This Act has effect subject to the Fair Work Act 2009: see section 3A of this Act.

Variation of terms and conditions for all or a class of employees
 (2) The Prime Minister may, by notifiable instrument, determine that the terms and conditions of employment of either of the following (as specified in the instrument) are varied in accordance with the determination:
 (a) all persons employed under this Act;
 (b) all persons included in a specified class or classes of persons employed under this Act.

Variation of terms and conditions for individual employees
 (3) The Prime Minister may, in writing, determine that the terms and conditions of employment of a specified person employed under this Act are varied in accordance with the determination.

Other matters affecting determinations
 (4) Subsections (2) and (3) do not authorise the making of a determination that varies a matter expressly provided for by section 14, 16 or 17 (termination of employment) or 18 (suspension from duties).
 (5) A determination may vary terms and conditions by varying specified terms and conditions or by including new terms and conditions.
 (6) A determination that applies to a person prevails over the agreement under which the person is employed, to the extent of any inconsistency.