Public Service Act 1999 Determination under subsection 24(3) (06/12/2007) (Cth)

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 determine the remuneration and conditions of employment of the existing and new APS employees to whom this Determination applies.

Existing employees

2. I determine that the remuneration and conditions of employment of the existing APS employees to whom this Determination applies shall be the same as they would have been if the Governor-General in Council had not on 3 December 2007 abolished and established Departments of State.

3. The existing APS employees to whom this Determination applies are APS employees who:

(a) have been, or will be, moved by determination in writing under paragraph 72(1)(a) of the Public Service Act 1999 to:

°the Department of Broadband, Communications and the Digital Economy,

°the Department of Climate Change,

°the Department of Education, Employment and Workplace Relations,

°the Department of Innovation, Industry, Science and Research, or

°the Department of Resources, Energy and Tourism; and

(b) are not, or will not be, covered by an agreement on being moved as described in paragraph 3(a) of this Determination.

New employees

4. I determine that the remuneration and conditions of employment of the new APS employees to whom this Determination applies shall be the same as the remuneration and conditions of employment in the pre-reform certified agreement or collective agreement that, before 3 December 2007, applied (or, but for a pre-reform AWA or AWA, would have applied) to the APS employees who were moved as described in paragraph 3(a) of this Determination and work in the branch of the Department in which the new APS employee works.

5. Where a new APS employee to whom this Determination applies works in a branch of a Department with APS employees who are moved as described in paragraph 3(a) of this Determination and who, before the move, were engaged in different Departments, the remuneration and conditions of employment of the new APS employee shall be the same as the remuneration and conditions of employment in a pre-reform certified agreement or collective agreement which is agreed between the new APS employee and the Secretary of the Department (or an APS employee appointed by the Secretary for this purpose). The agreed pre-reform certified agreement or collective agreement must be one of the pre-reform certified agreements or collective agreements that applied (or, but for a pre-reform AWA or AWA, would have applied) to the APS employees in the branch of the Department in which the new APS employee works.  

6. If there is no pre-reform certified agreement or collective agreement that contained a coverage clause that covered the APS employees in the branch of the Department in which the new APS employee works for the purpose of clauses 4 and 5, the remuneration and conditions of employment of the new APS employee shall be the same as the remuneration and conditions of employment in a pre-reform certified agreement or collective agreement which is agreed between the new APS employee and the Secretary of the Department (or an APS employee appointed by the Secretary for this purpose). The agreed pre-reform certified agreement or collective agreement must be one of the pre-reform certified agreements or collective agreements that applied (or, but for a pre-reform AWA or AWA, would have applied) to at least one APS employee who has been moved, as described in paragraph 3(a) of this Determination, to the Department in which the new APS employee works. 

1. The new APS employees to whom this Determination applies are APS employees who:

(a)are engaged in the Departments mentioned in paragraph 3(a) of this Determination; and

(b)are not SES employees; and

(c)were not moved to the Departments as described in paragraph 3(a) of this Determination; and

(d)are not covered by an agreement.

Term of Determination

8. This Determination takes effect on and from 3 December 2007.

9. This Determination ceases to apply to an APS employee if an agreement made under the Workplace Relations Act 1996 starts to operate in relation to the APS employee.

Definitions

10. In this Determination:

‘agreement’ means a pre-reform AWA, a pre-reform certified agreement or a workplace agreement;

‘AWA’, ‘collective agreement’, ‘pre-reform AWA’, ‘pre-reform certified agreement’ and ‘workplace agreement’ have the same meanings as in the Workplace Relations Act 1996;

‘APS employee’ and ‘SES employee’ have the same meanings as in the Public Service Act 1999.

Dated this 6th day of December 2007

John Faulkner

Minister for the Public Service