{"id":"F2017L01613","name":"Home Affairs Non-SES Moving Employees Determination 2017","slug":"home-affairs-non-ses-moving-employees-determination-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":144405,"registerId":"commonwealth-F2017L01613-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Home Affairs Non-SES Moving Employees Determination 2017","content":"![](image.001.png)\n\nDetermination under subsection 24(3)— Non-SES employees to be moved to the Department of Home Affairs by determination under paragraph 72(1)(a) of the Public Service Act 1999\n\nmade under subsection 24(3) of the Public Service Act 1999\n\nI, Michaelia Cash, Minister Assisting the Prime Minister for the Public Service, being of the opinion that it is desirable to do so because of exceptional circumstances, hereby determine pursuant to subsection 24(3) of the Public Service Act 1999 the terms and conditions of employment of employees to whom this Determination applies.\n\n1.  Citation\n    1.  This Determination is the Home Affairs Non-SES Moving Employees Determination 2017.\n2.  Period of operation\n    1.  This Determination takes effect on and from the start of the day after registration.\n    2.  This Determination will remain in effect until a new Workplace Determination, made by the Fair Work Commission, comes into operation in the Department of Home Affairs.\n3.  Definitions\n    1.  In this Determination:\n\n(a) Moving AGD Employee means a Moving Employee who, immediately before being moved to the Department of Home Affairs was employed in the Attorney-General’s Department.\n\n(b) Moving DIRD Employee means a Moving Employee who, immediately before being moved to the Department of Home Affairs was employed in the Department of Infrastructure and Regional Development.\n\n(c) Moving DSS Employee means a Moving Employee who, immediately before being moved to the Department of Home Affairs was employed in the Department of Social Services.\n\n(d) Moving PM&C Employee means a Moving Employee who, immediately before being moved to the Department of Home Affairs was employed in the Department of the Prime Minister and Cabinet.\n\n(e) Moving Employee means an APS employee (other than an SES employee) who is moved from:\n\n(i) the Attorney-General’s Department; or\n\n(ii) the Department of Infrastructure and Regional Development; or\n\n(iii) the Department of the Prime Minister and Cabinet; or\n\n(iv) the Department of Social Services;\n\nto the Department of Home Affairs by determination under paragraph 72(1)(a) of the Public Service Act 1999.\n\n4. Application of Determination\n\n4.1 This Determination applies to a Moving Employee.\n\n4.2 This Determination ceases to apply to an employee if:\n\n(a) the employee ceases to be employed in the Department of Home Affairs; or\n\n(b) the employee is promoted to a different position in the Department of Home Affairs.\n\n5. TERMS AND CONDITIONS BEFORE 8 february 2018\n\n5.1 Before 8 February 2018, the terms and conditions of employment (including remuneration) of:\n\n(a) a Moving AGD Employee shall be the terms and conditions contained in the Attorney-General’s Department Enterprise Agreement 2016 (including the undertaking dated 27 January 2017 attached to decision \\[2017\\] FWCA 613);\n\n(b) a Moving DIRD Employee shall be the terms and conditions contained in the Department of Infrastructure and Regional Development Enterprise Agreement 2016;\n\n(c) a Moving DSS Employee shall be the terms and conditions contained in the Department of Social Services Enterprise Agreement 2015 to 2018;\n\n(d) a Moving PM&C Employee shall be the terms and conditions contained in the Department of the Prime Minister and Cabinet Enterprise Agreement 2017-2020;\n\nexcept that any reference in the terms and conditions to the Attorney-General’s Department, the Department of Infrastructure and Regional Development, the Department of the Prime Minister and Cabinet or the Department of Social Services is substituted with a reference to the Department of Home Affairs.\n\n5.2 Where the terms and conditions in clause 5.1 refer to policies, guidelines and procedures (however described), any such policies, guidelines or procedures:\n\n(a) will continue to apply to the Moving Employees in their current form, except to the extent that a policy, guideline or procedure is not capable of meaningful operation because of the movement of the employees to the Department of Home Affairs; and\n\n(b) do not form part of this Determination and this Determination prevails over any policies, guidelines or procedures to the extent of any inconsistency.\n\nDepartment of Home Affairs Conditions not to apply\n\n5.3 The terms and conditions of employment set out in clause 5.1 apply instead of:\n\n(a) any other enterprise agreement; and\n\n(b) the Australian Public Service Enterprise Award 2015; and\n\n(c) any annual salary prescribed by subregulation 8.1(2) of the Public Service Regulations 1999.\n\n6. TRANSITION TO PREVAILING ENTERPRISE AGREEMENT ON 8 FEBRUARY 2018\n\n6.1 On 8 February 2018, all Moving Employees, excluding Moving AGD Employees, will become subject to the prevailing enterprise agreement in the Department of Home Affairs and this Determination will cease to apply to those Moving Employees.\n\n6.2 On 8 February 2018, Clauses 5.1 to 5.3 will no longer apply to a Moving AGD Employee. A Moving AGD Employee will become subject to the prevailing enterprise agreement in the Department of Home Affairs but, will retain the salary that applied to them on 7 February 2018.\n\n7. Terms and Conditions may be Enhanced\n\n7.1 It is not inconsistent with this Determination for an Agency Head to make a determination pursuant to subsection 24(1) of the Public Service Act 1999 supplementing the terms and conditions of employment that apply to an employee by operation of this Determination.\n\n…………………………………………………\n\nSenator the Hon Michaelia Cash  \nMinister Assisting the Prime Minister for the Public Service  \n  \n13 December 2017","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation performs exactly as intended: a temporary, transitional instrument to manage employee movements during machinery-of-government changes. It has not expanded beyond its original purpose of preserving terms and conditions for transferred non-SES employees pending a new enterprise agreement."},"complexity_factors":["Short document (7 clauses, ~650 words)","Only 5 defined terms, all straightforward","Simple temporal structure (before/after 8 February 2018)","Minimal cross-referencing (only to specific enterprise agreements and Public Service Act provisions)","No nested exceptions or conditional logic beyond the AGD salary retention clause","Single purpose instrument with clear sunset clause"],"plain_english_summary":"This temporary workplace determination preserves pay and conditions for non‑SES Australian Public Service staff moved into the new Department of Home Affairs from several agencies, ensuring they keep their existing enterprise agreements during the transfer.\n\nMost staff move onto the Home Affairs agreement on 8 February 2018, with Attorney‑General’s Department employees retaining their salary rates; the determination expires once a new Fair Work Commission determination for Home Affairs takes effect."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument changes the employment scope of identified non‑SES APS employees by moving them into the Department of Home Affairs and making their prior departmental enterprise agreement terms apply to their Home Affairs employment for a defined transition (clauses 3, 4.1, 5.1). It then shifts them to the prevailing Home Affairs enterprise agreement on 8 February 2018 (clause 6.1), subject to an AGD salary retention carve‑out (clause 6.2), and ends application on promotion or when the employee leaves Home Affairs (clause 4.2)."},"complexity_factors":["Temporal transition: short fixed transition period ending 8 February 2018 (clauses 5–6).","Multiple source instruments: preserves terms from four different prior enterprise agreements (clause 5.1).","Overrides and precedence: this Determination displaces other enterprise agreements, the APS Award and certain salary regulations (clause 5.3) and prevails over referenced policies/procedures (clause 5.2).","Carve‑out for AGD employees: AGD transferees keep pre‑transition salary while adopting Home Affairs EA (clause 6.2).","Cessation triggers: application ends if employee leaves Home Affairs or is promoted (clause 4.2).","Definitions narrow scope to non‑SES employees moved under a specific Public Service Act power (clause 3).","Interplay with Fair Work Commission process: Determination remains until a new Fair Work workplace determination takes effect in Home Affairs (clause 2.2).","Managerial discretion: agency heads may supplement terms under s24(1), producing potential local variation (clause 7.1).","Practical administration: substitution of department names into diverse agreements creates administrative and interpretive work for HR/payroll (clause 5.1)."],"plain_english_summary":"This Determination sets the employment terms for non‑SES APS employees moved into the Department of Home Affairs from the Attorney‑General’s Department, Infrastructure and Regional Development, Social Services or PM&C. It preserves each moved employee’s original departmental enterprise agreement and conditions (with department names changed to Home Affairs) until 8 February 2018, after which employees move to Home Affairs’ prevailing enterprise agreement; AGD transferees keep the salary they had on 7 February 2018."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/home-affairs-non-ses-moving-employees-determination-2017","history":"/api/acts/home-affairs-non-ses-moving-employees-determination-2017/history","analysis":"/api/acts/home-affairs-non-ses-moving-employees-determination-2017/analysis","conflicts":"/api/acts/home-affairs-non-ses-moving-employees-determination-2017/conflicts","importantCases":"/api/acts/home-affairs-non-ses-moving-employees-determination-2017/important-cases","documents":"/api/acts/home-affairs-non-ses-moving-employees-determination-2017/documents"}}