EXPLANATORY STATEMENT
Issued by the authority of the Minister for the Public Service
Public Service (Terms and Conditions of Employment) (Meat Inspectors) Determination 2020
Subsection 24(3) of the Public Service Act 1999 (the Act) provides that the Public Service Minister may, by legislative instrument, determine the terms and conditions of employment applying to Australian Public Service (APS) employees, if the Public Service Minister is of the opinion that it is desirable to do so because of exceptional circumstances.
On 6 May 2019, the Fair Work Commission (FWC) approved the Department of Agriculture and Water Resources Meat Inspection Enterprise Agreement 2019-22 (the Meat Inspection Agreement).
On 29 May 2019, the Governor-General renamed the Department of Agriculture and Water Resources the Department of Agriculture[1]. On 5 December 2019, the Governor-General abolished the Department of Agriculture with effect on and from 1 February 2020[2].
On 1 February 2020, APS employees covered by the Meat Inspection Agreement will be moved to the Department of Agriculture, Water and the Environment (DAWE). This move will be effected under section 72 of the Act.
The purpose of the Public Service (Terms and Conditions of Employment) (Meat Inspectors) Determination 2020 (the Determination) is to preserve the terms and conditions of employment of APS employees covered by the Meat Inspection Agreement. Details of the Determination are included in the Attachment.
The Act provides that the Minister must be of the opinion that it is desirable to determine the terms and conditions of employment applying to APS employees because of exceptional circumstances. The current Department of Environment and Energy Enterprise Agreement 2016-2019 does not contain provisions that support the efficient operation of the Meat Inspector employees. This determination is necessary to ensure that those employees continue to be supported by appropriate terms and conditions of employment specific to the Meat Inspection function for the meat export industry.
No regulation impact statement is required for the measures contained in the Determination because there is no impact on business or the not for profit sector.
The Department of Agriculture was consulted about the Determination.
The Determination is a legislative instrument for the purposes of the Legislation Act 2003.
The Determination commences on 1 February 2020.
Authority: subsection 24(3) of the Public Service Act 1999
DETAILS OF INSTRUMENT
Public Service (Terms and Conditions of Employment) (Meat Inspectors) Determination 2020
Section 1
Section 1 provides that the instrument is the Public Service (Terms and Conditions of Employment) (Meat Inspectors) Determination 2020.
Section 2
Section 2 provides that the instrument commences on 1 February 2020.
Section 3
Section 3 provides that the instrument is made under subsection 24(3) of the Public Service Act 1999.
Section 4
Section 4 defines terms used in the instrument.
Section 5
Section 5 provides that the instrument applies to an Australian Public Service (APS) employee in the Department of Agriculture, Water and the Environment whose classification under the Public Service Classification Rules 2000 is APS Meat Inspector 1, 2, 3 or 4.
Section 6
Section 6 provides that the instrument ceases to apply to an APS employee if an enterprise agreement (other than the Department of Environment and Energy Enterprise Agreement 2016-2019) or workplace determination applies to the employee.
Section 7
Subsection 7(1) provides that the terms and conditions of employment of an APS employee to which the instrument applies are the terms and conditions set out in the Department of Agriculture and Water Resources Meat Inspection Enterprise Agreement 2019-22 (the Meat Inspection Agreement).
Enterprise agreements are approved by decision of the Fair Work Commission (FWC) and are published on the FWC’s web site. The Meat Inspection Agreement is available at the following Uniform Resource Locator:
- https://www.fwc.gov.au/document/agreement/AE503270
Paragraphs 7(2)(a) and (b) provide that references to the Department and an employee under the Meat Inspection Agreement be read as references to the Department of Agriculture, Water and the Environment and to APS employees to whom this instrument applies.
The purpose of paragraph 7(2)(c) is to ensure the terms and conditions of employment specified by the instrument remain in effect following the nominal expiry date specified in the Meat Inspection Agreement.
Subsection 7(3) provides that if a determination under subsection 24(1) of the Public Service Act 1999 provides for an increased amount of salary, the salary set out in the Meat Inspection Agreement ceases to have effect on the commencement of that determination.
Subsection 7(4) provides that if a determination under subsection 24(1) of the Public Service Act 1999 provides for an increased amount of allowance, the allowance set out in the Meat Inspection Agreement ceases to have effect on the commencement of that determination.
Section 8
The purpose of section 8 is to clarify that Division 2, Part 6-2 of the Fair Work Act 2009 applies in respect of disputes arising under the instrument.
[1] https://www.legislation.gov.au/Details/C2019Q00005
[2] https://www.legislation.gov.au/Details/C2019G01104