Document ID: chunk:federal_register_of_legislation:F2009C01267:body:0:p1
Version: federal_register_of_legislation:F2009C01267
Segment Type: other
Provision Reference: 
Character Range: 0–3064

Public Service Act – Determination under subsection 24(3) (13/03/2008)

as amended

made under subsection 24(3) of the

Public Service Act 1999

This compilation was prepared on 11 December 2009
taking into account amendments up to Public Service Act 1999 – Amendment Determination under subsection 24(3) (29/10/2009) (F2009L04108)

Prepared by the Department of Education, Employment and Workplace Relation s

Public Service Act 1999

Determination under subsection 24(3)

   1. I, John Philip Faulkner, Public Service Minister, being of the opinion that it is necessary to do so because of exceptional circumstances, hereby:

      (a) revoke the Determination I made on 6 December 2007 under subsection 24(3) of the Public Service Act 1999; and

      (b) determine the remuneration and conditions of employment of the employees covered by Schedules 1 and 2 of this Determination as specified in those Schedules and in clauses 2, 3 and 4 of this Determination.

Dispute resolution

  2. If the conditions of employment applicable to an employee under this Determination include provision for referral of disputes to the Australian Industrial Relations Commission, the provision shall be read instead to provide for referral of those disputes in those circumstances to Fair Work Australia.

Nature of determination

  3. This Determination determines minimum remuneration and conditions of employment. Remuneration and conditions of employment, or an aspect or aspects of remuneration and conditions of employment, can be provided to one or more APS employees by a determination made under subsection 24(1) of the Public Service Act 1999 or an employee's contract of employment, provided that the remuneration and conditions of employment are no less favourable overall to the employee or employees than the remuneration and conditions of employment determined by this Determination.

  4. This Determination does not affect conditions of employment contained in, or derived from, legislation other than the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or an agreement, however made, between the Commonwealth and an employee or employees as to the salary for superannuation purposes of the employee or employees.

  Note: Examples of other legislation setting conditions of employment are the Public Service Act 1999, the Long Service Leave (Commonwealth Employees) Act 1976, the Maternity Leave (Commonwealth Employees) Act 1973, the Superannuation Act 1976, the Superannuation Act 1990 and the Superannuation Act 2005.

Term of Determination

  5.  This Determination takes effect on and from the day on which it is registered under the Legislative Instruments Act 2003.

  6. This Determination ceases to apply to an employee if an enterprise agreement starts to operate for the Department in which the employee works.

Definitions

  7. In this Determination:

   'agreement' means an AWA, a collective agreement, a pre-reform AWA, a
   pre-reform certified agreement or an enterprise agreement;