Parliamentary Service Act 1999 - Determination under subsection 24(3) (29/01/2004)

Overview

The Parliamentary Service Act 1999 was enacted to regulate the employment conditions of parliamentary staff. This legislative instrument, F2006B11666, was introduced by the Parliament of the Commonwealth of Australia to address transitional issues arising from the creation of the Department of Parliamentary Services. The determination under subsection 24(3) of the Act, made by Neil Andrew, the Speaker of the House of Representatives, and Paul Calvert, the President of the Senate, was driven by the need to maintain continuity in the remuneration and terms of employment for existing employees during the transition period. The determination ensures that employees who were previously covered by specific certified agreements continue to have the same employment conditions as if they were still covered by those agreements. The policy objective is to facilitate a smooth transition and avoid disruptions in employment terms for staff as the new department was established.

Scope and Application

The Parliamentary Service Act 1999, as determined by the Speaker of the House of Representatives and the President of the Senate, applies to employees of the Department of Parliamentary Services, specifically those who were covered by certain certified agreements as of 31 January 2004. The Act ensures that these employees' remuneration and terms and conditions of employment remain consistent with those outlined in their respective certified agreements, unless they are already covered by an Australian workplace agreement under the Workplace Relations Act 1996. Additionally, employees hired after this date to perform duties previously carried out in the Joint House Department, the Department of the Parliamentary Library, or the Department of the Parliamentary Reporting Staff, will have their terms and conditions aligned with the certified agreements applicable to such roles on 31 January 2004. The application of these certified agreements excludes any other certified agreements or workplace agreements that might otherwise apply to these employees. This determination remains in effect until a new certified agreement or workplace agreement made after 31 January 2004 takes effect.

Key Provisions

The key provisions of this determination, made under subsection 24(3) of the Parliamentary Service Act 1999, primarily concern the continuity of employment terms for certain employees upon the creation of the Department of Parliamentary Services. Section 1 stipulates that employees who were covered by specific certified agreements as of 31 January 2004 will have their remuneration and employment conditions remain unchanged, as if they were still under those certified agreements. This applies to employees from the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff, and the Joint House Department, provided they were not under a workplace agreement made under the Workplace Relations Act 1996. Section 2 extends this continuity to new employees hired after 31 January 2004 to perform duties previously carried out in the aforementioned departments, ensuring their terms mirror those specified in the relevant certified agreements on the cutoff date. The obligations imposed by this determination are primarily on the Department of Parliamentary Services to maintain existing employment terms for specified employees and to extend those terms to new hires. Employers must ensure that these employees' remuneration and conditions of employment are consistent with those outlined in the specified certified agreements until a new certified agreement or workplace agreement takes effect. These obligations are outlined to maintain consistency and fairness in employment practices within the newly formed department. In terms of consequences for breach, the determination itself does not explicitly state penalties or consequences for non-compliance. However, non-compliance with employment terms can lead to legal challenges or disputes. Breach of certified agreements or failure to adhere to employment conditions could potentially result in grievances or legal actions being brought by affected employees. While specific penalties are not detailed in this determination, the broader legislative context, including the Fair Work Act 2009, may provide remedies and penalties for breaches of employment terms under certified agreements.