Public Service (Terms and Conditions of Employment) (National Commission for Aboriginal and Torres Strait Islander Children and Young People) Determination 2024

Public Service (Terms and Conditions of Employment) (National Commission for Aboriginal and Torres Strait Islander Children and Young People) Determination 2024

made under subsection 24(3) of the Public Service Act 1999

Compilation No. 1 

Compilation date: 1 July 2026

Includes amendments: F2026L00630

About this compilation

This compilation

This is a compilation of the Public Service (Terms and Conditions of Employment) (National Commission for Aboriginal and Torres Strait Islander Children and Young People) Determination 2024 that shows the text of the law as amended and in force on 1 July 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1  Name

3  Authority

4  Definitions

5  Application of this Instrument

6  When this Instrument ceases to apply to Covered Employees

7  Terms and conditions of employment

8  Procedure for dealing with disputes

9  Interaction with other determinations made under the PS Act

10  Interaction with the NES and the APS Award

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

  This instrument is the Public Service (Terms and Conditions of Employment) (National Commission for Aboriginal and Torres Strait Islander Children and Young People) Determination 2024.

3  Authority

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

4  Definitions

  In this instrument:

APS Award means the Australian Public Service Enterprise Award 2015.

Commissioner means the National Commissioner (within the meaning of the National Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026).

Covered Employee means a non-SES employee engaged in the National Commission for Aboriginal and Torres Strait Islander Children and Young People to whom this Instrument applies in accordance with section 5.

National Commission for Aboriginal and Torres Strait Islander Children and Young People means the National Commission (within the meaning of the National Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026).

Instrument means the Public Service (Terms and Conditions of Employment) (National Commission for Aboriginal and Torres Strait Islander Children and Young People) Determination 2024.

Enterprise Agreement means the Department of Social Services Enterprise Agreement 2024-2027, as in operation immediately before the commencement of this Instrument.

Note: The Enterprise Agreement could in 2024 be viewed on the Fair Work Commission’s website (https://www.fwc.gov.au).

FW Act means the Fair Work Act 2009.

NES means the National Employment Standards in Part 2-2 of the FW Act.

PS Act means the Public Service Act 1999.

5  Application of this Instrument

  This Instrument applies to all non-SES employees engaged in the National Commission for Aboriginal and Torres Strait Islander Children and Young People under the PS Act.

6  When this Instrument ceases to apply to Covered Employees

  This Instrument ceases to apply to a Covered Employee if:

1.     an enterprise agreement starts to apply to the Covered Employee (within the meaning of the FW Act); or
2.     a workplace determination is made that covers the Covered Employee (within the meaning of the FW Act).

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

7  Terms and conditions of employment

1.     The terms and conditions of employment applying to a Covered Employee are the terms and conditions of employment set out in the Enterprise Agreement, as amended by this Instrument.
2.    The terms and conditions set out in the Enterprise Agreement (as applied by operation of subsection (1)) are amended as follows:

1.     where the Enterprise Agreement uses the term "Agreement" to refer to the Enterprise Agreement, the reference to "Agreement" is a reference to the Enterprise Agreement as applied by this Instrument (unless context provides otherwise);
2.     a reference in the Enterprise Agreement to "the Secretary of the Department of Social Services" is a reference to the Commissioner;
3.     a reference in the Enterprise Agreement to "Secretary" is a reference to the Commissioner;
4.     a reference in the Enterprise Agreement to "the Department of Social Services" is a reference to the National Commission for Aboriginal and Torres Strait Islander Children and Young People (unless context provides otherwise);
5.     a reference in the Enterprise Agreement to "Department" or "Departmental" is a reference to the National Commission for Aboriginal and Torres Strait Islander Children and Young People (unless context provides otherwise);
6.      a reference in the Enterprise Agreement to an "employee" is a reference to a Covered Employee;
7.     a reference to "commencement of the Agreement" is a reference to the commencement of this Instrument;
8.     clause 3 of the Enterprise Agreement (which specifies when the Enterprise Agreement commences) is omitted;
9.      clause 4 of the Enterprise Agreement (which specifies the nominal expiry date of the Enterprise Agreement) is omitted;
10.      clauses 10 – 15 of the Enterprise Agreement (which sets out the procedures for individual flexibility arrangements) are omitted;
11.     clause 18.1 of the Enterprise Agreement (which provides that the base salaries in Attachment A of the Enterprise Agreement include a 4.0 per cent increase from the first full pay period on or after 1 March 2024 (14 March 2024)) is omitted;
12.      clauses 20 – 21 of the Enterprise Agreement (which provides for one-off payments when an employee's salary is above the top of the range pay point for their classification upon commencement of the Enterprise Agreement) is omitted;
13. clauses 412 – 414 and Table 2 (which provide for remote locality assistance for certain employees who were in receipt of such assistance on 1 May 2012) are omitted;
14.     the references to "Workplace Consultative Forum" in clauses 90, 94 and 154 of the Enterprise Agreement are omitted and substituted with " National Commission for Aboriginal and Torres Strait Islander Children and Young People Consultative Committee, where one is in place";
15.     the heading "Workplace Consultative Forum" preceding clause 437 and clauses 437 to 442 of the Enterprise Agreement (which sets out the operation of the Department of Social Service's Workplace Consultative Forum) are omitted and are substituted with the following:

 National Commission for Aboriginal and Torres Strait Islander Children and Young People Consultative Committee

 The Commissioner may establish a National Commission for Aboriginal and Torres Strait Islander Children and Young People Consultative Committee to discuss relevant workplace matters.

 A National Commission for Aboriginal and Torres Strait Islander Children and Young People Consultative Committee will operate subject to an agreed terms of reference and structure for the term of the Public Service (Terms and Conditions of Employment) (National Commission for Aboriginal and Torres Strait Islander Children and Young People) Determination 2024. Representation on the committee will be in accordance with the terms of reference.

(p)    clause 452 (which deals with the maintenance of disputes notified under the Department of Social Services Enterprise Agreement 2018 to 2021) is omitted.  

8  Procedure for dealing with disputes

1.    For the avoidance of doubt, clauses 444 to 451 of the Enterprise Agreement (which provide for the dispute resolution procedure) (as modified by subsection 7(2) of this Instrument) are:

1.     a term or condition of employment applying to a Covered Employee; and
2.     for the purposes of paragraph 738(d) of the FW Act, a term that provides for a procedure or dealing with disputes arising under this Instrument.

9  Interaction with other determinations made under the PS Act

1.    To the extent possible, this Instrument is to operate concurrently with any determination made under subsection 24(1) of the PS Act.
2.    Without limiting subsection (1), this Instrument does not prevent a determination made under subsection 24(1) of the PS Act increasing the amount of salaries, allowances or other monetary entitlements provided under this Instrument.

10  Interaction with the NES and the APS Award

1.    This Instrument has no effect to the extent that it would exclude the NES or any provision of the NES.
2.    While this Instrument is in force, the APS Award does not apply to Covered Employees.

Note: The effect of this subsection is that this instrument will interact with the APS Award in the same way as an enterprise agreement. See section 57 of the FW Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history