Document ID: chunk:federal_register_of_legislation:F2017L01613:body:0:p1
Version: federal_register_of_legislation:F2017L01613
Segment Type: other
Provision Reference: 
Character Range: 0–3431

Determination under subsection 24(3)— Non-SES employees to be moved to the Department of Home Affairs by determination under paragraph 72(1)(a) of the Public Service Act 1999
made under subsection 24(3) of the Public Service Act 1999

I, Michaelia Cash, Minister Assisting the Prime Minister for the Public Service, being of the opinion that it is desirable to do so because of exceptional circumstances, hereby determine pursuant to subsection 24(3) of the Public Service Act 1999 the terms and conditions of employment of employees to whom this Determination applies.

      1. Citation

          1.              This Determination is the Home Affairs Non-SES Moving Employees Determination 2017.

      2. Period of operation

          1.              This Determination takes effect on and from the start of the day after registration.

          2.              This Determination will remain in effect until a new Workplace Determination, made by the Fair Work Commission, comes into operation in the Department of Home Affairs.

      3. Definitions

          1.              In this Determination:

         (a)            Moving AGD Employee means a Moving Employee who, immediately before being moved to the Department of Home Affairs was employed in the Attorney-General's Department.

         (b)            Moving DIRD Employee means a Moving Employee who, immediately before being moved to the Department of Home Affairs was employed in the Department of Infrastructure and Regional Development.

         (c)             Moving DSS Employee means a Moving Employee who, immediately before being moved to the Department of Home Affairs was employed in the Department of Social Services.

         (d)            Moving PM&C Employee means a Moving Employee who, immediately before being moved to the Department of Home Affairs was employed in the Department of the Prime Minister and Cabinet.

         (e)            Moving Employee means an APS employee (other than an SES employee) who is moved from:

             (i)              the Attorney-General's Department; or

             (ii)            the Department of Infrastructure and Regional Development; or

             (iii)           the Department of the Prime Minister and Cabinet; or

             (iv)          the Department of Social Services;

         to the Department of Home Affairs by determination under paragraph 72(1)(a) of the Public Service Act 1999.

     4.                     Application of Determination

     4.1                 This Determination applies to a Moving Employee.

     4.2                 This Determination ceases to apply to an employee if:

         (a)            the employee ceases to be employed in the Department of Home Affairs; or

         (b)            the employee is promoted to a different position in the Department of Home Affairs.

     5.                     TERMS AND CONDITIONS BEFORE 8 february 2018

     5.1                 Before 8 February 2018, the terms and conditions of employment (including remuneration) of:

         (a)            a Moving AGD Employee shall be the terms and conditions contained in the Attorney-General's Department Enterprise Agreement 2016 (including the undertaking dated 27 January 2017 attached to decision [2017] FWCA 613);

         (b)            a Moving DIRD Employee shall be the terms and conditions contained in the Department of Infrastructure