Document ID: chunk:federal_register_of_legislation:F2015C00475:body:0:p3
Version: federal_register_of_legislation:F2015C00475
Segment Type: other
Provision Reference: 
Character Range: 5358–8271

acting with the advice of the Federal Executive Council on 17 October 2013 (New Aid Employee).

    2C. For the purposes of this Determination, in relation to a Moving Aid Employee or New Aid Employee:
           (a) AusAID is the employee's Losing Agency; and
           (b) DFAT is the employee's Gaining Agency.

Period of operation

    3. This Determination takes effect on and from 18 September 2013.

    4. This Determination will continue in force until:
           (a) it is replaced in its entirety by another determination made under section 24(3) of the Public Service Act 1999; or
           (b) it is revoked.

When the Determination ceases to apply to an employee

    5. This Determination ceases to apply to an employee if:
           (a) an enterprise agreement that covers the employee commences operation; or
           (b) the employee commences employment in an APS agency that is not a Gaining Agency to which the employee was moved by determination in writing under section 72(1)(a) of the Public Service Act 1999 (whether by engagement as an APS employee pursuant to section 22(1) of the Public Service Act 1999 or by movement from another APS agency pursuant to section 26 or 27 of the Public Service Act 1999).

    5A. This Determination ceases to apply to an employee with effect from 30 January 2014 if the employee is an employee in:
           (a)  the Attorney-General's Department; or
           (b) the Australian Trade Commission; or
           (c) the Department of the Environment; or
           (d) the Department of Foreign Affairs and Trade; or
           (e) the Department of Industry; or
           (f) the Department of the Treasury.

    5B. However, the annual salary that applies to the employee on 30 January 2014 is the greater of:
           (a) the annual salary that applied to the employee immediately before 30 January 2014; and
           (b) the annual salary that would, apart from this clause, apply to the employee on 30 January 2014.

    5C. The annual salary worked out under clause 5B 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.

    5D. This Determination ceases to apply to an employee with effect from 1 June 2015 if the employee is an employee in the Department of Infrastructure 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