Public Service (Terms and Conditions of Employment) (Australian Submarine Agency) Determination 2023 (Cth)

Public Service (Terms and Conditions of Employment) (Australian Submarine Agency) Determination 2023

I, Katy Gallagher, Minister for the Public Service, make the following determination.

Dated   14 June 2023

Katy Gallagher

Minister for the Public Service

Contents

1  Name. ...................................................................................................................................... 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

5  Application of this instrument.................................................................................................. 2

6  When this instrument ceases to apply to Employees................................................................. 2

7  Terms and conditions of employment....................................................................................... 2

8  Procedure for dealing with disputes......................................................................................... 5

Schedule 1—Salary scales   6

1 Salaries...................................................................................................................................... 6

Schedule 2—Allowances   9

1 Allowances................................................................................................................................ 9

1  Name

This instrument is the Public Service (Terms and Conditions of Employment) (Australian Submarine Agency) Determination 2023.

2  Commencement

(1)   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of this instrument	1 July 2023

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)   Any information in column 3 of the table is not part of this instrument.  Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

This determination is made under subsection 24(3) of the Public Service Act 1999 (Cth).

4  Definitions

In this instrument:

Actmeans the Public Service Act 1999 (Cth).

Agency Head means the Head of the Australian Submarine Agency.

APS employee means:

a. a person engaged under section 22 of the Public Service Act 1999 (Cth); or

b. a person who is engaged as an APS employee under section 72 of the Public Service Act 1999 (Cth).

  APS Award means the Australian Public Service Enterprise Award 2015.

Defence Agreement means the Defence Enterprise Agreement 2017-2020, as in operation immediately before the commencement of this instrument.

Determination means the Public Service (Terms and Conditions of Employment) (Australian Submarine Agency) Determination 2023.

Employeemeans an APS employee to whom this Determination applies.

5  Application of this instrument

This instrument applies to all APS employees of the Australian Submarine Agency below Senior Executive Service and equivalent levels other than locally engaged employees overseas.

6  When this instrument ceases to apply to Employees

This instrument ceases to apply to an Employee if:

a.    an enterprise agreement starts to apply to the Employee (for the purposes of the Fair Work Act 2009); or

b.   a workplace determination is made that covers the Employee (for the purposes of the Fair Work Act 2009). 

Note: A workplace determination operates from the day on which it is made (see section 276 of the Fair Work Act 2009).

7  Terms and conditions of employment

(1)     The terms and conditions of employment applying to an Employee to whom this Determination applies:

a.are the terms and conditions of employment set out in the Defence Agreement, as amended by this Determination; and

b.are not any of the terms and conditions of employment set out in the APS Award.

Defence Agreement - general

(2)   The terms and conditions set out in the Defence Agreement (as applied by operation of subsection (1)) are amended as follows:

a.a reference in the Defence Agreement to the Department of Defence is a reference to the Australian Submarine Agency (unless context provides otherwise);

b.a reference in the Defence Agreement to Defence is a reference to the Australian Submarine Agency (unless context provides otherwise);

c.a reference in the Defence Agreement to an employee covered by that Agreement is a reference to an Employee to whom this Determination applies;

d.a reference in the Defence Agreement to the Secretary of the Department of Defence is a reference to the Agency Head;

e.a reference in the Defence Agreement to the Agreement is a reference to the Agreement as applied by this Determination (unless context provides otherwise);

f.clause A1.4 of the Defence Agreement (which specifies the nominal expiry date of that Agreement) is omitted;

g.clauses G2.1 and G2.2 of the Defence Agreement (which refer to adjustments of rates of pay) are omitted;

h.the sentence "The rates specified in Annex D come into effect on the dates determined in paragraph G2.1" is omitted from clause G9.1 of the Defence Agreement (which refers to allowances); and

i.a new clause G6.3A is added as follows:

Where an employee was transferred to the Australian Submarine Agency from the Department of Defence by determination under section 72 of the Public Service Act 1999 on 1 July 2023, the employee's employment in the Department of Defence during the 2022/2023 performance cycle will be taken into account for the purpose of determining whether the employee has met the eligibility criteria under clause G6.3 in 2023.

Substitution of Defence Agreement Provisions – salary and allowance rates

(3)   The terms of the Defence Agreement (as applied by operation of subsection (1)) are amended by omitting Table 1, Table 2 and Table 3 of Annex C of the Defence Agreement and substituting Table 1, Table 2 and Table 3 in Schedule 1 to this Determination.

(4)   Subject to subsection (6) and (7), the rate of an Employee’s salary will be increased by 3% on 17 August 2023, as described in Column 3 of Table 1 in Schedule 1. 

(5)   The adjustment of an Employee's salary under subsection (4) is to be calculated based on the Employee's salary immediately before the adjustment.

(6)   Subsection (4) does not apply to an Employee:

a.    who is excluded from receiving pay rises by clause G2.3 of the Defence Agreement as applied by this Determination;

b.   to whom clause G3.3 of the Defence Agreement as applied by this Determination applies; or

c.    to whom clause G3.3 of the Defence Agreement applied on 30 June 2023.

(7)   If:

a.    either:

i.clause G3.3 of the Defence Agreement as applied by this Determination applies to an Employee; or

ii.clause G3.3 of the Defence Agreement applied to an Employee on 30 June 2023; and

b.   the Employee’s salary would be below the maximum salary for their classification as provided in subsection (3) on 17 August 2023,

the Employee’s salary is increased to the maximum salary for their classification on 17 August 2023.

(8)   The terms of Annex D of the Defence Agreement (as applied by operation of subsection (1)) are amended for each allowance described in Schedule 2 of this Determination, by:

a.    omitting the rate or rates of the allowance and any reference to the date from which that rate will apply;

b.   substituting that rate and the reference to the date from which that rate will apply with:

i.the rate specified in column 2 of Schedule 2 for that allowance, from commencement of this Determination; and

ii.the rate specified in column 3 of Schedule 2 for that allowance, from 17 August 2023.

Salary rates under this instrument if increased by a determination under section 24(1) of the Act

(9) If a determination under section 24(1) of the Act provides for an increased rate of salary for an Employee, the Employee's rate of salary under this Determination does not apply in respect of that Employee during the period that the determination is in effect.

(10) If a determination under subsection 24(1) of the Act provides for a different salary scale for a classification set out in Schedule 1 to this Determination in relation to an Employee, the salary scale in Annex C as applied by this Determination for that classification does not apply in relation to the Employee during the period that the determination is in effect.

Allowance rates under this instrument if increased by a determination under section 24(1) of the Act

(11) If a determination under section 24(1) of the Act is made which:

a.applies to an Employee to whom this Determination applies; and

b.provides for an increased amount of an allowance set out in Schedule 2 to this Determination,

the allowance rate that applies under subsection (8) of this section for that allowance does not apply in relation to the Employee during the period that the determination is in effect.

8  Procedure for dealing with disputes

(1)   For the avoidance of doubt, clause A8 (which provides for the dispute resolution procedure) of the Defence Agreement (as modified by operation of subsection (1)) is:

a.a term or condition of employment applying to an Employee to whom this Determination applies and

b.for the purposes of section 738(d) of the Fair Work Act 2009, a term that provides for a procedure for dealing with disputes arising under this instrument.

Schedule 1—Salary scales

Note:       See section 7.

1 Salaries

Table 1—Standard Classifications
Column 1 Approved classification	Column 2 On commencement of Determination		Column 3 On 17 August 2023
	Base	Top	Base	Top
APS Level 1	$48,764	$54,740	$50,227	$56,382
APS Level 2	$55,187	$62,042	$56,843	$63,903
APS Level 3	$62,863	$69,265	$64,749	$71,343
APS Level 4	$71,207	$77,739	$73,343	$80,071
APS Level 5	$78,143	$83,700	$80,487	$86,211
APS Level 6	$85,607	$97,790	$88,175	$100,724
Executive Level 1	$108,195	$122,044	$111,441	$125,705
Executive Level 2	$125,622	$150,785	$129,391	$155,309
Executive Level 2.1	$150,786	$179,445	$155,310	$184,828
Executive Level 2.2	$179,446	$201,874	$184,829	$207,930
Trainee APS (Administrative)	$27,561	$38,297	$28,388	$39,446
Trainee APS (Technical)	$52,652	$59,206	$54,232	$60,982

Table 2 —Job-specific Classifications
Column 1 Approved classification and local designation	Column 2 On commencement of Determination		Column 3 On 17 August 2023
Base	Top		Base		Top
Defence-wide broadbands and local designations with special pay rates:
APS Level 3-4 (Technical)	$62,863	$77,739		$64,749		$80,071
APS Level 3-Executive Level 1 (Legal 1)	$62,863	$132,489		$64,749		$136,464
Barrier	$97,790		$100,724
APS Level 4-5 (Academic Level 1), (Professional), (Public Affairs 1)	$71,207	$83,700		$73,343		$86,211
APS Level 6-Executive Level 1 (Academic 2)	$85,607	$122,044		$88,175		$125,705
Executive Level 1 (Public Affairs 3)*	$108,195	$132,489		$111,441		$136,464
Executive Level 2 (Legal 2)	$143,720	$150,786		$148,032		$155,310
Science and Technology (Defence Science & Technology Group only):
APS Level 2-3/4 (S&T Level 1-2)	$55,187	$77,739		$56,843	$80,071
APS Level 4/5-6 (S&T Level 3-4)**	$71,207	$97,790		$73,343	$100,724
Executive Level 1 (S&T Level 5)	$108,195	$122,044		$111,441	$125,705
Executive Level 2 (S&T Level 6)	$125,622	$150,785		$129,391	$155,309
Executive Level 2 (S&T Level 7)	$151,190	$170,144		$155,726	$175,248
Executive Level 2 (S&T Level 8)	$180,859	$197,869		$186,285	$203,805
Medical:
Medical Officer 1-2	$108,195	$150,785		$111,441	$155,309
Barrier	$125,757			$129,530
Medical Officer 3	$155,985	$161,767		$160,665	$166,620
Medical Officer 4	$170,103	$185,337		$175,206	$190,897

* Employees moving from Executive Level 1 (Public Affairs 3) to Executive Level 2 are to receive a salary on movement not less than the maximum salary payable to Executive Level 1 (Public Affairs 3).

** a. The minimum salary of employees broadbanded as APS Level 4/5-6 (S&T Level 3-4) who hold a relevant degree, is to be 2.1% above the base salary applying to APS Level 4/5-6 (S&T Level 3-4).

b. The minimum salary of employees broadbanded as APS Level 4-5 (S&T Level 3) who hold a relevant TAFE qualification and experience, is to be the same as an APS Level 5.

c. The minimum salary of employees classified as APS Level 6 (S&T Level 4) who hold a relevant PhD prior to engagement, is to be the minimum salary for that classification plus 5 per cent.

Table 3—Pay rates for classifications with retained pay points Note: These classifications cannot be used for creation of new positions or movements. They are only available to employees who were substantively in these classifications at the time the pay points were retained
Column 1 Classification and Local Title	Column 2 On commencement of Determination	Column 3 On 17 August 2023
APS Level 2 (Former Technical Assistant Grade 2)	$62,680	$64,560
APS Level 5 (Former Senior Technical Officer Grade 1)	$84,346	$86,876
APS Level 6 (Public Affairs 2)	$100,741	$103,763

Schedule 2—Allowances

1 Allowances

Table A—Allowances paid per annum
Column 1 Name of allowance	Column 2 Rate of allowance from commencement of Determination			Column 3 Rate of allowance from 17 August 2023
Departmental Liaison Officer Allowance	$22,909			$23,596
Language Proficiency Allowance
Highest language qualification held			Highest language qualification held
Intermediate	Higher	Advanced	Intermediate	Higher	Advanced
Grade 1	$863	$1,585	$3,170	$889	$1,633	$3,265
Grade 2	$1,585	$3,170	$5,189	$1,633	$3,265	$5,345
Grade 3	$2,741	$5,044	$7,490	$2,823	$5,195	$7,715
Grade 4	$3,889	$7,561	$10,942	$4,006	$7,788	$11,270

Table B—Allowances paid per week
Column 1 Name of allowance	Column 2 Rate of allowance from commencement of Determination	Column 3 Rate of allowance from 17 August 2023
First Aid Allowance
Tier 1	$12.47	$12.84
Tier 2	$18.84	$19.41
Fire Fighting Allowance	$18.84	$19.41
Potentially Hazardous Material Allowance
Line A	$40.74	$41.96
Line B	$27.39	$28.21
Tool Allowance	$18.13	$18.67
Electrical Licence Allowance	$26.71	$27.51

Table C—Allowances paid per day
Column 1 Name of allowance	Column 2 Rate of allowance from commencement of Determination	Column 3 Rate of allowance from 17 August 2023
Storage and Plant Allowance	$3.35	$3.45
Duty at sea
Surface vessel	$162.16	$167.02
Submarine	$202.69	$208.77
Sea Trials	$138.50	$142.66

Table D—Allowances paid per hour
Column 1 Name of allowance	Column 2 Rate of allowance from commencement of Determination	Column 3 Rate of allowance from 17 August 2023
Overtime for duty at sea
Where an employee works within the bandwidth aboard a small vessel in harbour	$5.88	$6.06
Where an employee works beyond three hours without a return to wharf for a period of at least 45 minutes	$7.34	$7.56
Artificial Environments Disability Allowance
Extreme temperatures and confined spaces	$1.16	$1.19
Working at heights	$1.02	$1.05
Dirty or Offensive Work (including epoxy-based materials and fumes)	$1.02	$1.05
Flying disability allowance	$16.04	$16.52
Protective Clothing and Safety Equipment Allowance
Where exposed to OTTO Fuel	$2.64	$2.72
Welding	$1.36	$1.40
Spray equipment operation	$1.02	$1.05
Climatic Disability Allowance	$1.08	$1.11