{"id":"F2008L00797","name":"Public Service Act 1999 - Determination under subsection 24(3) (13/03/2008)","slug":"public-service-act-1999-determination-under-subsection-24-3-13-03-2008","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72876,"registerId":"commonwealth-F2008L00797-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Schedule 1","sectionType":"division","heading":null,"content":"![](image.001.png)\n\nPublic Service Act – Determination under subsection 24(3) (13/03/2008)\n\nas amended\n\nmade under subsection 24(3) of the\n\nPublic Service Act 1999\n\nThis compilation was prepared on 11 December 2009 \ntaking into account amendments up to Public Service Act 1999 – Amendment Determination under subsection 24(3) (29/10/2009) (F2009L04108)\n\nPrepared by the Department of Education, Employment and Workplace Relation s\n\n \n\nPublic Service Act 1999\n\nDetermination under subsection 24(3)\n\n1. I, John Philip Faulkner, Public Service Minister, being of the opinion that it is necessary to do so because of exceptional circumstances, hereby:\n\n(a) revoke the Determination I made on 6 December 2007 under subsection 24(3) of the Public Service Act 1999; and\n\n(b) determine the remuneration and conditions of employment of the employees covered by Schedules 1 and 2 of this Determination as specified in those Schedules and in clauses 2, 3 and 4 of this Determination.\n\nDispute resolution\n\n2. If the conditions of employment applicable to an employee under this Determination include provision for referral of disputes to the Australian Industrial Relations Commission, the provision shall be read instead to provide for referral of those disputes in those circumstances to Fair Work Australia.\n\nNature of determination\n\n3. This Determination determines minimum remuneration and conditions of employment. Remuneration and conditions of employment, or an aspect or aspects of remuneration and conditions of employment, can be provided to one or more APS employees by a determination made under subsection 24(1) of the Public Service Act 1999 or an employee’s contract of employment, provided that the remuneration and conditions of employment are no less favourable overall to the employee or employees than the remuneration and conditions of employment determined by this Determination.\n\n4. This Determination does not affect conditions of employment contained in, or derived from, legislation other than the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or an agreement, however made, between the Commonwealth and an employee or employees as to the salary for superannuation purposes of the employee or employees.\n\nNote: Examples of other legislation setting conditions of employment are the Public Service Act 1999, the Long Service Leave (Commonwealth Employees) Act 1976, the Maternity Leave (Commonwealth Employees) Act 1973, the Superannuation Act 1976, the Superannuation Act 1990 and the Superannuation Act 2005.\n\nTerm of Determination\n\n5\\. This Determination takes effect on and from the day on which it is registered under the Legislative Instruments Act 2003.\n\n6. This Determination ceases to apply to an employee if an enterprise agreement starts to operate for the Department in which the employee works.\n\nDefinitions\n\n7\\. In this Determination:\n\n‘agreement’ means an AWA, a collective agreement, a pre-reform AWA, a \npre-reform certified agreement or an enterprise agreement;\n\n‘AWA’, ‘collective agreement’, ‘pre-reform AWA’ and ‘pre-reform certified agreement’ have the same meanings as in the Fair Work \n(Transitional Provisions and Consequential Amendments) Act 2009;\n\n‘APS employee’ and ‘SES employee’ have the same meanings as in the Public Service Act 1999;\n\n‘enterprise agreement’ has the same meaning as in the Fair Work Act 2009.\n\n### \nSchedule 1\n\n### Department of Broadband, Communications and the Digital Economy\n\nNon-SES employees\n\n1. The remuneration and conditions of employment of the APS employees of the Department of Broadband, Communications and the Digital Economy who are not SES employees shall be the same as the remuneration and conditions of employment in the Department of Communications, Information Technology and the Arts’ Collective Agreement 2007-2010.\n\nSES employees\n\n2. The remuneration and conditions of employment of the APS employees of the Department of Broadband, Communications and the Digital Economy who are SES employees shall be as determined by a determination made under subsection 24(1) of the Public Service Act 1999 or the employee’s contract of employment or both.\n\nAWA conditions of SES and non-SES employees\n\n3. Despite clauses 1 and 2 of this Schedule, if:\n\n(a) the employment of an APS employee was subject to an AWA or pre-reform AWA immediately before the establishment of the Department on 3 December 2007; or\n\n(b) the employment of an APS employee is subject to an AWA which has commenced operation since the establishment of the Department on 3 December 2007,\n\nthe remuneration and conditions of employment of the employee shall be the same as the remuneration and conditions of employment in the AWA or pre-reform AWA.\n\n4. Clause 3 of this Schedule operates for so long as the AWA or pre-reform AWA is capable of applying to the duties performed by the employee (despite any references in the AWA or pre-reform AWA to an abolished Department) or until the AWA or pre-reform AWA is terminated, whichever is earlier.\n\n \n\n> Notes to the Public Service Act – Determination under subsection 24(3) (13/03/2008)\n\n> Note 1\n\n> Note: The Public Service Act – Determination under subsection 24(3) (13/03/2008) \n> (in force under subsection 24(3) of the Public Service Act 1999) as shown in this compilation is amended as indicated in the Tables below.\n\n> Note: > Note: Table of Instruments\n\n| Title | Date of FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |\n| ------------------------------------------------------------------------------------- | --------------------------------- | ------------------- | --------------------------------------------- |\n| Public Service Act 1999 - Determination under subsection 24(3) (13/03/2008) | 13 March 2008 (see F2008L00797) | 13 March 2008 | |\n| Public Service Act 1999 - Amendment Determination under subsection 24(3) (29/10/2009) | 2 November 2009 (see F2009L04108) | 2 November 2009 | |\n\n> Note: > Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Clause 2..............

am. F2009L04108

Clause 4..............

am. F2009L04108

Clause 6..............

am. F2009L04108

Clause 7..............

am. F2009L04108

Schedule 1, Clause 4.....

am. F2009L04108

Schedule 2............

rep. F2009L04108

\n```","sortOrder":0},{"sectionNumber":"Department of Broadband, Communications ","sectionType":"division","heading":"Department of Broadband, Communications and the Digital Economy","content":"### Department of Broadband, Communications and the Digital Economy\n\nNon-SES employees\n\n1. The remuneration and conditions of employment of the APS employees of the Department of Broadband, Communications and the Digital Economy who are not SES employees shall be the same as the remuneration and conditions of employment in the Department of Communications, Information Technology and the Arts’ Collective Agreement 2007-2010.\n\nSES employees\n\n2. The remuneration and conditions of employment of the APS employees of the Department of Broadband, Communications and the Digital Economy who are SES employees shall be as determined by a determination made under subsection 24(1) of the Public Service Act 1999 or the employee’s contract of employment or both.\n\nAWA conditions of SES and non-SES employees\n\n3. Despite clauses 1 and 2 of this Schedule, if:\n\n(a) the employment of an APS employee was subject to an AWA or pre-reform AWA immediately before the establishment of the Department on 3 December 2007; or\n\n(b) the employment of an APS employee is subject to an AWA which has commenced operation since the establishment of the Department on 3 December 2007,\n\nthe remuneration and conditions of employment of the employee shall be the same as the remuneration and conditions of employment in the AWA or pre-reform AWA.\n\n4. Clause 3 of this Schedule operates for so long as the AWA or pre-reform AWA is capable of applying to the duties performed by the employee (despite any references in the AWA or pre-reform AWA to an abolished Department) or until the AWA or pre-reform AWA is terminated, whichever is earlier.\n\n \n\n> Notes to the Public Service Act – Determination under subsection 24(3) (13/03/2008)\n\n> Note 1\n\n> Note: The Public Service Act – Determination under subsection 24(3) (13/03/2008) \n> (in force under subsection 24(3) of the Public Service Act 1999) as shown in this compilation is amended as indicated in the Tables below.\n\n> Note: > Note: Table of Instruments\n\n| Title | Date of FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |\n| ------------------------------------------------------------------------------------- | --------------------------------- | ------------------- | --------------------------------------------- |\n| Public Service Act 1999 - Determination under subsection 24(3) (13/03/2008) | 13 March 2008 (see F2008L00797) | 13 March 2008 | |\n| Public Service Act 1999 - Amendment Determination under subsection 24(3) (29/10/2009) | 2 November 2009 (see F2009L04108) | 2 November 2009 | |\n\n> Note: > Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Clause 2..............

am. F2009L04108

Clause 4..............

am. F2009L04108

Clause 6..............

am. F2009L04108

Clause 7..............

am. F2009L04108

Schedule 1, Clause 4.....

am. F2009L04108

Schedule 2............

rep. F2009L04108

\n```","sortOrder":1}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original determination appears to have covered multiple departments (evidenced by the existence of Schedule 2, which was later repealed). The amended version shown in this compilation has narrowed to focus solely on the Department of Broadband, Communications and the Digital Economy. Additionally, the instrument has been amended to update dispute resolution mechanisms and definitions to reflect the transition from the old workplace relations system (Australian Industrial Relations Commission, AWAs) to the new Fair Work system, significantly altering its operation despite maintaining the same core purpose."},"complexity_factors":["Multiple overlapping sources of employment conditions (collective agreement, AWAs, ministerial determinations, individual contracts)","Transitional provisions protecting pre-existing workplace agreements despite departmental abolition","Cross-references to multiple external Acts: Fair Work Act 2009, Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, Public Service Act 1999, and various superannuation and leave Acts","Conditional logic with 'despite' clauses and temporal limitations ('for so long as... or until... whichever is earlier')","7 defined terms in interpretation clause, including nested definitions referencing other legislation","Amendment history showing structural changes (Schedule 2 repealed, multiple clauses amended)"],"plain_english_summary":"This ministerial determination under the Public Service Act sets temporary minimum pay and working conditions for Department of Broadband, Communications and the Digital Economy staff after the department’s creation. It revokes the December 2007 determination, mirrors the former department’s collective agreement for non‑SES employees, leaves SES terms to separate instruments or contracts, preserves existing Australian Workplace Agreements, updates dispute-body references to Fair Work Australia, and operates as a safety‑net until an enterprise agreement applies."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Determination is an administrative instrument that revokes a prior determination and sets minimum pay and conditions for employees of a specific Commonwealth department, importing an existing collective agreement and preserving pre-existing AWAs. Subsequent amendments updated cross-references (for example, redirecting dispute referral to Fair Work Australia) and removed Schedule 2, but these are updates to conform to changes in the industrial relations framework rather than an expansion of the Determination's substantive scope. The core scope — setting minimum remuneration and conditions for the Department's staff, while preserving AWAs and allowing enterprise agreements to override — remains consistent with the instrument's original administrative purpose."},"complexity_factors":["Short instrument: 7 numbered clauses plus 1 Schedule (Schedule 2 repealed).","8 defined terms in clause 7 (agreement; AWA; collective agreement; pre-reform AWA; pre-reform certified agreement; APS employee; SES employee; enterprise agreement).","Cross-references to multiple Acts (Public Service Act 1999, Fair Work Act 2009, Fair Work (Transitional Provisions and Consequential Amendments) Act 2009) create some external dependency.","Conditional logic for AWAs that preserves pre-existing individual agreements (Schedule 1, cls.3–4) — a limited nested exception.","Comparative test in clause 3 ('no less favourable overall') introduces fact-specific assessment and potential interpretative complexity.","Trigger-based termination (ceases on commencement of an enterprise agreement) introduces temporal/operational condition (clause 6).","Relatively few cross-schedule internal references; Schedule 2 has been repealed, simplifying current text."],"plain_english_summary":"**What this instrument does (mechanically)\n\n- Revokes a prior determination (Dec 2007) and replaces it with a new Ministerial determination setting pay and employment conditions for employees of the Department of Broadband, Communications and the Digital Economy (the Department). (clause 1)\n- Treats references to the Australian Industrial Relations Commission in any conditions covered by this determination as references to Fair Work Australia. (clause 2)\n- Declares that the Determination sets minimum remuneration and employment conditions; agencies may provide the same or better terms by a separate s24(1) determination or by individual contract, provided those terms are overall no less favourable than this Determination. (clause 3)\n- Makes clear the Determination does not override conditions set by other legislation (except the Fair Work Act 2009 and its transitional Act) or agreements about salary for superannuation purposes. (clause 4)\n- Says the Determination takes effect when registered and stops applying to an employee once an enterprise agreement begins to operate in the Department. (clauses 5–6)\n- Defines key terms used in the Determination (clause 7).\n\nSchedule 1 (Department-specific mechanics)\n\n- For non-SES (not Senior Executive Service) employees: the Department’s non-SES employees get the same pay and conditions as set out in the Department of Communications, Information Technology and the Arts’ Collective Agreement 2007–2010. (Schedule 1, cl.1)\n- For SES employees: pay and conditions are to be set by a separate s24(1) determination or by contract. (Schedule 1, cl.2)\n- Exception for Australian Workplace Agreements (AWAs): if an employee’s terms were governed by an AWA (or pre-reform AWA) immediately before the Department was created (3 Dec 2007), or if an AWA has since commenced operation for that employee, then the AWA terms apply instead of the collective-agreement terms. That AWA continues to apply while it is capable of applying to the duties or until it is terminated. (Schedule 1, cls.3–4)\n\nWho is affected\n\n- Affected persons are APS employees (both non-SES and SES) of the Department of Broadband, Communications and the Digital Economy. Non-SES staff are generally brought onto the specified collective-agreement terms; SES staff remain subject to separate determinations or contracts. Employees who are bound by AWAs keep the AWA terms. (Schedule 1)\n- The Commonwealth (the Department) is the payor and administrator of these terms.\n\nWhy it matters (purpose claim and practical consequences)\n\n- The instrument is issued by the Minister on the basis that exceptional circumstances make it necessary (clause 1). The practical effect is to standardise minimum pay and conditions for staff in the newly formed Department by importing an existing collective agreement and preserving pre-existing individual AWAs.\n\nPractical trade-offs, costs and incentives (testing the stated purpose)\n\n- Who pays: the Commonwealth (the Department) funds and administers the pay and conditions set here. (Schedules/clauses cited above.)\n- Who decides: the Minister makes the determination; SES terms remain under s24(1) determinations or contract; the Department implements payroll and HR changes. (clause 1; Schedule 1 cl.2)\n- Behaviour changes for employers and employees: non-SES employees are placed on the stated collective-agreement terms unless they have an operative AWA; employees with AWAs retain their individual-contract terms. Employers must apply the collective terms, preserve AWAs where operative, and update dispute-resolution references to Fair Work Australia. (clauses 2, 3; Schedule 1)\n- Effect on private contracting and choice: the Determination preserves existing AWAs (individual contracts) where they apply (Schedule 1 cls.3–4). It therefore maintains scope for individual employment contracts alongside collective terms.\n- Administrative and compliance costs: departments must identify which employees are covered by AWAs versus collective terms, update payroll and HR systems to reflect the collective agreement provisions, and ensure dispute clauses point to Fair Work Australia (clause 2). There is an implementation burden at the departmental HR/payroll level.\n- Dispute and interpretation risk: clause 3 allows other determinations or contracts to apply provided they are \"no less favourable overall\" than this Determination. That comparative, overall-favourability test can be fact-specific and may generate disputes about whether an alternative set of terms meets the \"no less favourable overall\" threshold. (clause 3)\n- Interaction with enterprise bargaining: the Determination ceases to apply to an employee once an enterprise agreement starts operating for the Department, so enterprise bargaining can displace this Determination for covered employees. (clause 6)\n- Bureaucratic discretion and allocation of benefits: the Determination centralises the minimum terms under ministerial authority for the Department, while allowing departmental discretion for SES employees via separate determinations or contract. (clause 1; Schedule 1 cl.2)\n\nNet mechanism summary (who pays, who decides, what changes)\n\n- The Commonwealth (Department) pays; the Minister sets the minimum terms; HR/payroll must apply the collective-agreement terms for non-SES staff, preserve AWAs where they remain valid, and treat SES staff under separate determinations/contracts. Disputes under prior references to the AIRC are to be read as references to Fair Work Australia. (clauses 1–3, Schedule 1.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/public-service-act-1999-determination-under-subsection-24-3-13-03-2008","history":"/api/acts/public-service-act-1999-determination-under-subsection-24-3-13-03-2008/history","analysis":"/api/acts/public-service-act-1999-determination-under-subsection-24-3-13-03-2008/analysis","conflicts":"/api/acts/public-service-act-1999-determination-under-subsection-24-3-13-03-2008/conflicts","importantCases":"/api/acts/public-service-act-1999-determination-under-subsection-24-3-13-03-2008/important-cases","documents":"/api/acts/public-service-act-1999-determination-under-subsection-24-3-13-03-2008/documents"}}