Public Service Act 1999

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

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.

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

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 fair work instrument; or

a WR Act transitional instrument.

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.

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

a fair work instrument; or

a WR Act collective transitional instrument;

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.

The Public Service Minister may, by legislative instrument, determine the terms and conditions of employment applying to APS employees, if the Public Service Minister is of the opinion that it is desirable to do so because of exceptional circumstances.

Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the determination (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

The limitation in subsection (1A) does not apply in relation to a determination under subsection (3).

A determination under subsection (3) overrides the following, to the extent of any inconsistency:

a determination under subsection (1);

the Australian Fair Pay and Conditions Standard;

the National Employment Standards.