Fair Work (State Referral and Consequential and Other Amendments) Act 2009 (54 of 2009)

Schedule 16   Prime Minister and Cabinet

Part 1   Consequential amendments

Public Service Act 1999

22   Subsections 24(1) and (2)

Repeal the subsections, substitute:

(1) An Agency Head may from time to time determine in writing the remuneration and other terms and conditions of employment applying to an APS employee or APS employees in the Agency.

Note 1: Certain terms and conditions of employment are applicable to an APS employee under the Australian Fair Pay and Conditions Standard or the National Employment Standards.

Note 2: Other Commonwealth laws deal with matters such as superannuation, compensation, long service leave and maternity leave.

(1A) A determination under subsection (1) is of no effect to the extent that it would reduce the benefit to an APS employee of an individual term or condition applicable to the employee under:

(a) a fair work instrument; or

(b) a WR Act transitional instrument.

Note: A determination under subsection (1) would also be of no effect to the extent that it would reduce the benefit to an APS employee of a term or condition applicable to the employee under the Australian Fair Pay and Conditions Standard or the National Employment Standards.

(2) A determination under subsection (1) may apply, adopt or incorporate, with or without modification, any of the provisions of:

(a) a fair work instrument; or

(b) a WR Act collective transitional instrument;

as in force from time to time.

Note: A determination under subsection (1) may apply, adopt or incorporate, with or without modification, any of the provisions of the Australian Fair Pay and Conditions Standard or the National Employment Standards. However, any modification of the provisions of those Standards by a determination under subsection (1) would be of no effect to the extent that it would reduce the benefit to an APS employee of a term or condition applicable to the employee under those Standards.