Public Service Amendment Regulations 2008 (No. 1) (Cth)

Public Service Amendment Regulations 2008 (No. 1)¹

Select Legislative Instrument 2008 No. 72

I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Public Service Act 1999.

Dated 1 May 2008

MARIE BASHIR

Administrator

By Her Excellency’s Command

JOHN FAULKNER

Special Minister of State

Name of Regulations

These Regulations are the Public Service Amendment Regulations 2008 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Public Service Regulations 1999

Schedule 1 amends the Public Service Regulations 1999.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 3.11 (2)

substitute

(2)If an employment arrangement sets out procedures that apply to the termination of the non‑ongoing APS employee, the procedures apply to the termination of the engagement of the employee unless the procedures:

(a)are prohibited content (within the meaning given by the Workplace Relations Act 1996); or

(b)would be prohibited content of that kind if the employment arrangement were a workplace agreement.

[2] Dictionary, definition of AWA

substitute

*AWA has the meaning given by Schedule 7A to the Workplace Relations Act 1996.

[3] Dictionary, after definition of employment

insert

employment arrangement means:

(a)an award; or

(b)a workplace agreement; or

(c)a pre‑reform certified agreement; or

(d)an AWA; or

(e)a pre‑reform AWA; or

(f)a determination under subsection 24 (1) or (3) of the Act; or

(g)a written contract of employment.

[4] Dictionary, definition of Commissioner’s Directions

omit

8 August 2007

insert

2 April 2008

[5] Other amendments

*Provision*	*omit*	*insert*
Paragraphs 3.15 (7) (a) and (b)	award, workplace agreement, pre‑reform certified agreement or pre‑reform AWA	employment arrangement
Subregulation 8.1 (3), note	certified agreement	certified agreement, AWA
Paragraph 8.1 (4) (b)	award or workplace agreement:	employment arrangement:
Subregulation 8.1 (4)	award or workplace agreement (as the case may be)	employment arrangement
Subregulation 8.2 (2), note	certified agreement	certified agreement, AWA
Paragraph 8.2 (3) (b)	award or workplace agreement:	employment arrangement:
subregulation 8.2 (3)	award or workplace agreement (as the case may be)	employment arrangement

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See