{"id":"F2023L00811","name":"Public Service (Terms and Conditions of Employment) (Australian Submarine Agency) Determination 2023","slug":"public-service-terms-and-conditions-of-employment-australian-submarine-agency-determination-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441957,"registerId":"F2023L00811-fast-fetch-1775957108420","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Service (Terms and Conditions of Employment) (Australian Submarine Agency) Determination 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nPublic Service (Terms and Conditions of Employment) (Australian Submarine Agency) Determination 2023\n\nI, Katy Gallagher, Minister for the Public Service, make the following determination.\n\nDated 14 June 2023\n\nKaty Gallagher\n\nMinister for the Public Service\n\n \n\nContents\n\n1  Name \n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Application of this instrument\n\n6  When this instrument ceases to apply to Employees\n\n7  Terms and conditions of employment\n\n8  Procedure for dealing with disputes.................................5\n\nSchedule 1—Salary scales 6\n\n1 Salaries..................................................6\n\nSchedule 2—Allowances 9\n\n1 Allowances................................................9\n\n1  Name\n\n  This instrument is the Public Service (Terms and Conditions of Employment) (Australian Submarine Agency) Determination 2023.\n\n2  Commencement\n\n(1)    Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 July 2023\n\n\nNote:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n(2)    Any information in column 3 of the table is not part of this instrument.  Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This determination is made under subsection 24(3) of the Public Service Act 1999 (Cth).\n\n4  Definitions\n\n  In this instrument:\n\n  Act means the Public Service Act 1999 (Cth).\n\n  Agency Head means the Head of the Australian Submarine Agency.\n\nAPS employee means:\n\na.       a person engaged under section 22 of the Public Service Act 1999 (Cth); or\n\nb.       a person who is engaged as an APS employee under section 72 of the Public Service Act 1999 (Cth).\n\n  APS Award means the Australian Public Service Enterprise Award 2015.\n\n  Defence Agreement means the Defence Enterprise Agreement 2017-2020, as in operation immediately before the commencement of this instrument.\n\n  Determination means the Public Service (Terms and Conditions of Employment) (Australian Submarine Agency) Determination 2023.\n\n  Employee means an APS employee to whom this Determination applies.\n\n5  Application of this instrument\n\n  This instrument applies to all APS employees of the Australian Submarine Agency below Senior Executive Service and equivalent levels other than locally engaged employees overseas.\n\n6  When this instrument ceases to apply to Employees\n\n  This instrument ceases to apply to an Employee if:\n\n1. an enterprise agreement starts to apply to the Employee (for the purposes of the Fair Work Act 2009); or\n2. a workplace determination is made that covers the Employee (for the purposes of the Fair Work Act 2009). \n\n\n Note: A workplace determination operates from the day on which it is made (see section 276 of the Fair Work Act 2009).\n\n7  Terms and conditions of employment\n\n(1)      The terms and conditions of employment applying to an Employee to whom this Determination applies:\n\n1. are the terms and conditions of employment set out in the Defence Agreement, as amended by this Determination; and\n2. are not any of the terms and conditions of employment set out in the APS Award.\n\n\nDefence Agreement - general\n\n(2)    The terms and conditions set out in the Defence Agreement (as applied by operation of subsection (1)) are amended as follows:\n\n1. a reference in the Defence Agreement to the Department of Defence is a reference to the Australian Submarine Agency (unless context provides otherwise);\n2. a reference in the Defence Agreement to Defence is a reference to the Australian Submarine Agency (unless context provides otherwise);\n3. a reference in the Defence Agreement to an employee covered by that Agreement is a reference to an Employee to whom this Determination applies;\n4. a reference in the Defence Agreement to the Secretary of the Department of Defence is a reference to the Agency Head;\n5. a reference in the Defence Agreement to the Agreement is a reference to the Agreement as applied by this Determination (unless context provides otherwise);\n6. clause A1.4 of the Defence Agreement (which specifies the nominal expiry date of that Agreement) is omitted;\n7. clauses G2.1 and G2.2 of the Defence Agreement (which refer to adjustments of rates of pay) are omitted;\n8. the sentence \"The rates specified in Annex D come into effect on the dates determined in paragraph G2.1\" is omitted from clause G9.1 of the Defence Agreement (which refers to allowances); and\n9. a new clause G6.3A is added as follows:\n\n\nWhere an employee was transferred to the Australian Submarine Agency from the Department of Defence by determination under section 72 of the Public Service Act 1999 on 1 July 2023, the employee's employment in the Department of Defence during the 2022/2023 performance cycle will be taken into account for the purpose of determining whether the employee has met the eligibility criteria under clause G6.3 in 2023.\n\nSubstitution of Defence Agreement Provisions – salary and allowance rates\n\n(3)    The terms of the Defence Agreement (as applied by operation of subsection (1)) are amended by omitting Table 1, Table 2 and Table 3 of Annex C of the Defence Agreement and substituting Table 1, Table 2 and Table 3 in Schedule 1 to this Determination.\n\n(4)    Subject to subsection (6) and (7), the rate of an Employee’s salary will be increased by 3% on 17 August 2023, as described in Column 3 of Table 1 in Schedule 1. \n\n(5)    The adjustment of an Employee's salary under subsection (4) is to be calculated based on the Employee's salary immediately before the adjustment.\n\n(6)    Subsection (4) does not apply to an Employee:\n\n1. who is excluded from receiving pay rises by clause G2.3 of the Defence Agreement as applied by this Determination;\n2. to whom clause G3.3 of the Defence Agreement as applied by this Determination applies; or\n3. to whom clause G3.3 of the Defence Agreement applied on 30 June 2023.\n\n\n(7)    If:\n\n1. either:\n  1. clause G3.3 of the Defence Agreement as applied by this Determination applies to an Employee; or\n  2. clause G3.3 of the Defence Agreement applied to an Employee on 30 June 2023; and\n2. the Employee’s salary would be below the maximum salary for their classification as provided in subsection (3) on 17 August 2023,\n\n\nthe Employee’s salary is increased to the maximum salary for their classification on 17 August 2023.\n\n(8)    The terms of Annex D of the Defence Agreement (as applied by operation of subsection (1)) are amended for each allowance described in Schedule 2 of this Determination, by:\n\n1. omitting the rate or rates of the allowance and any reference to the date from which that rate will apply;\n2. substituting that rate and the reference to the date from which that rate will apply with:\n  1. the rate specified in column 2 of Schedule 2 for that allowance, from commencement of this Determination; and\n  2. the rate specified in column 3 of Schedule 2 for that allowance, from 17 August 2023.\n\n\nSalary rates under this instrument if increased by a determination under section 24(1) of the Act\n\n(9)    If a determination under section 24(1) of the Act provides for an increased rate of salary for an Employee, the Employee's rate of salary under this Determination does not apply in respect of that Employee during the period that the determination is in effect.\n\n(10)  If a determination under subsection 24(1) of the Act provides for a different salary scale for a classification set out in Schedule 1 to this Determination in relation to an Employee, the salary scale in Annex C as applied by this Determination for that classification does not apply in relation to the Employee during the period that the determination is in effect.\n\nAllowance rates under this instrument if increased by a determination under section 24(1) of the Act\n\n(11)  If a determination under section 24(1) of the Act is made which:\n\n1. applies to an Employee to whom this Determination applies; and\n2. provides for an increased amount of an allowance set out in Schedule 2 to this Determination,\n\n\nthe allowance rate that applies under subsection (8) of this section for that allowance does not apply in relation to the Employee during the period that the determination is in effect.\n\n8  Procedure for dealing with disputes\n\n(1)    For the avoidance of doubt, clause A8 (which provides for the dispute resolution procedure) of the Defence Agreement (as modified by operation of subsection (1)) is:\n\n1. a term or condition of employment applying to an Employee to whom this Determination applies and\n2. for the purposes of section 738(d) of the Fair Work Act 2009, a term that provides for a procedure for dealing with disputes arising under this instrument.\n\n\n \n\n \n\nSchedule 1—Salary scales\n\nNote: See section 7.\n\n1 Salaries\n\n- Table 1—Standard Classifications\n- Column 1 Approved classification Column 2 On commencement of Determination Column 3On 17 August 2023\n- Base Top Base Top\n- APS Level 1 $48,764 $54,740 $50,227 $56,382\n- APS Level 2 $55,187 $62,042 $56,843 $63,903\n- APS Level 3 $62,863 $69,265 $64,749 $71,343\n- APS Level 4 $71,207 $77,739 $73,343 $80,071\n- APS Level 5 $78,143 $83,700 $80,487 $86,211\n- APS Level 6 $85,607 $97,790 $88,175 $100,724\n- Executive Level 1 $108,195 $122,044 $111,441 $125,705\n- Executive Level 2 $125,622 $150,785 $129,391 $155,309\n- Executive Level 2.1 $150,786 $179,445 $155,310 $184,828\n- Executive Level 2.2 $179,446 $201,874 $184,829 $207,930\n- Trainee APS (Administrative) $27,561 $38,297 $28,388 $39,446\n- Trainee APS (Technical) $52,652 $59,206 $54,232 $60,982\n\n\n \n\n \n\n- Table 2 —Job-specific Classifications\n- Column 1Approved classification and local designation Column 2 On commencement of Determination Column 3 On 17 August 2023\n- Base Top Base Top\n- Defence-wide broadbands and local designations with special pay rates:\n- APS Level 3-4 (Technical) $62,863 $77,739 $64,749 $80,071\n- APS Level 3-Executive Level 1 (Legal 1) $62,863 $132,489 $64,749 $136,464\n- Barrier $97,790 $100,724\n- APS Level 4-5 (Academic Level 1), (Professional), (Public Affairs 1) $71,207 $83,700 $73,343 $86,211\n- APS Level 6-Executive Level 1 (Academic 2) $85,607 $122,044 $88,175 $125,705\n- Executive Level 1 (Public Affairs 3)* $108,195 $132,489 $111,441 $136,464\n- Executive Level 2 (Legal 2) $143,720 $150,786 $148,032 $155,310\n- Science and Technology (Defence Science & Technology Group only):\n- APS Level 2-3/4 (S&T Level 1-2) $55,187 $77,739 $56,843 $80,071\n- APS Level 4/5-6 (S&T Level 3-4)** $71,207 $97,790 $73,343 $100,724\n- Executive Level 1 (S&T Level 5) $108,195 $122,044 $111,441 $125,705\n- Executive Level 2 (S&T Level 6) $125,622 $150,785 $129,391 $155,309\n- Executive Level 2 (S&T Level 7) $151,190 $170,144 $155,726 $175,248\n- Executive Level 2 (S&T Level 8) $180,859 $197,869 $186,285 $203,805\n- Medical:\n- Medical Officer 1-2 $108,195 $150,785 $111,441 $155,309\n- Barrier $125,757 $129,530\n- Medical Officer 3 $155,985 $161,767 $160,665 $166,620\n- Medical Officer 4 $170,103 $185,337 $175,206 $190,897\n\n\n* Employees moving from Executive Level 1 (Public Affairs 3) to Executive Level 2 are to receive a salary on movement not less than the maximum salary payable to Executive Level 1 (Public Affairs 3).\n\n** a. The minimum salary of employees broadbanded as APS Level 4/5-6 (S&T Level 3-4) who hold a relevant degree, is to be 2.1% above the base salary applying to APS Level 4/5-6 (S&T Level 3-4).\n\nb. The minimum salary of employees broadbanded as APS Level 4-5 (S&T Level 3) who hold a relevant TAFE qualification and experience, is to be the same as an APS Level 5.\n\nc. The minimum salary of employees classified as APS Level 6 (S&T Level 4) who hold a relevant PhD prior to engagement, is to be the minimum salary for that classification plus 5 per cent.\n\n\n\n\n- Table 3—Pay rates for classifications with retained pay points Note: These classifications cannot be used for creation of new positions or movements. They are only available to employees who were substantively in these classifications at the time the pay points were retained\n- Column 1Classification and Local Title Column 2 On commencement of Determination Column 3 On 17 August 2023\n- APS Level 2 (Former Technical Assistant Grade 2) $62,680 $64,560\n- APS Level 5 (Former Senior Technical Officer Grade 1) $84,346 $86,876\n- APS Level 6 (Public Affairs 2) $100,741 $103,763\n\n\n \n\n\n\n\nSchedule 2—Allowances\n\n1 Allowances   \n\n- Table A—Allowances paid per annum\n- Column 1 Name of allowance Column 2 Rate of allowance from commencement of Determination Column 3 Rate of allowance from 17 August 2023\n- Departmental Liaison Officer Allowance $22,909 $23,596\n- Language Proficiency Allowance\n- Highest language qualification held Highest language qualification held\n- Intermediate Higher Advanced Intermediate Higher Advanced\n- Grade 1 $863 $1,585 $3,170 $889 $1,633 $3,265\n- Grade 2 $1,585 $3,170 $5,189 $1,633 $3,265 $5,345\n- Grade 3 $2,741 $5,044 $7,490 $2,823 $5,195 $7,715\n- Grade 4 $3,889 $7,561 $10,942 $4,006 $7,788 $11,270\n\n\n \n\n \n\n- Table B—Allowances paid per week\n- Column 1 Name of allowance Column 2 Rate of allowance from commencement of Determination Column 3 Rate of allowance from 17 August 2023\n- First Aid Allowance\n- Tier 1 $12.47 $12.84\n- Tier 2 $18.84 $19.41\n- Fire Fighting Allowance $18.84 $19.41\n- Potentially Hazardous Material Allowance\n- Line A $40.74 $41.96\n- Line B $27.39 $28.21\n- Tool Allowance $18.13 $18.67\n- Electrical Licence Allowance $26.71 $27.51\n\n\n \n\n- Table C—Allowances paid per day\n- Column 1 Name of allowance Column 2 Rate of allowance from commencement of Determination Column 3 Rate of allowance from 17 August 2023\n- Storage and Plant Allowance $3.35 $3.45\n- Duty at sea\n- Surface vessel $162.16 $167.02\n- Submarine $202.69 $208.77\n- Sea Trials $138.50 $142.66\n\n\n \n\n- Table D—Allowances paid per hour\n- Column 1 Name of allowance Column 2 Rate of allowance from commencement of Determination Column 3 Rate of allowance from 17 August 2023\n- Overtime for duty at sea\n- Where an employee works within the bandwidth aboard a small vessel in harbour $5.88 $6.06\n- Where an employee works beyond three hours without a return to wharf for a period of at least 45 minutes $7.34 $7.56\n- Artificial Environments Disability Allowance\n- Extreme temperatures and confined spaces $1.16 $1.19\n- Working at heights $1.02 $1.05\n- Dirty or Offensive Work (including epoxy-based materials and fumes) $1.02 $1.05\n- Flying disability allowance $16.04 $16.52\n- Protective Clothing and Safety Equipment Allowance\n- Where exposed to OTTO Fuel $2.64 $2.72\n- Welding $1.36 $1.40\n- Spray equipment operation $1.02 $1.05\n- Climatic Disability Allowance $1.08 $1.11\n\n\n \n\n \n","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This Determination transposes and tailors the Defence Enterprise Agreement to the Australian Submarine Agency: it narrows coverage to ASA APS employees below Senior Executive Service (excluding locally engaged overseas), replaces Defence references with ASA/Agency Head, omits certain Defence Agreement expiry and pay‑adjustment clauses, and substitutes fresh salary and allowance schedules (Schedules 1–2). Those textual and coverage changes shift the original Agreement’s scope and mechanisms as applied to this agency (see sections 5, 7(2)–(3), and Schedules 1–2)."},"complexity_factors":["Cross-reference and amendment complexity: the instrument imports the Defence Enterprise Agreement but repeatedly replaces references (Department of Defence → Australian Submarine Agency, Secretary → Agency Head), requiring careful textual mapping (see section 7(2)).","Substitution of pay instruments: Annex C Tables 1–3 are omitted and replaced by Schedule 1 here, and Annex D allowance rates are replaced by Schedule 2, creating multiple parallel salary/allowance schedules to reconcile (see section 7(3) and 7(8)).","Time‑staggered adjustments and exceptions: a 3% increase is set for 17 August 2023 but exemptions apply (clauses G2.3 and G3.3 as applied), and special maximum salary uplift rules apply if G3.3 applied on 30 June 2023 (see sections 7(4)–(7)).","Interplay with other executive determinations: salary and allowance rates are displaced where a separate s24(1) Public Service Act determination applies, creating conditional precedence and administrative complexity (see sections 7(9)–(11)).","Scope and cessation rules: the instrument applies narrowly (ASA APS employees below SES, excluding locally engaged overseas) and ceases on operation of an enterprise agreement or Fair Work workplace determination, requiring status monitoring (see sections 5 and 6).","Textual omissions changing ongoing framework: the Determination omits the Defence Agreement’s nominal expiry and pay adjustment clauses, altering how future changes are handled (see section 7(2) items 6–8).","Transfer‑specific provision: a new clause (G6.3A) treats transferred employees’ prior performance-cycle service as meeting eligibility criteria, introducing a retrospective assessment element (see section 7(2) item 9).","Industrial relations linkage: the dispute procedure is adopted for Fair Work Act purposes (section 738(d)), so disputes traverse both APS determinations and the Fair Work framework (see section 8(1)).","Classification‑level detail and retained pay points: multiple job‑specific bands, retained pay points and special minimums (e.g. S&T and medical classifications) add granularity and interpretation needs (see Schedule 1 tables and notes).","Operational burden on payroll and HR: implementing substituted tables, exemptions, conditional uplifts and coordination with any later s24(1) determinations increases administrative and compliance workload."],"plain_english_summary":"This Determination applies the Defence Enterprise Agreement’s employment terms (instead of the APS Award) to Australian Submarine Agency APS employees below Senior Executive level, with modified references, substituted salary and allowance tables, and a 3% salary increase effective 17 August 2023. It sets when the Determination stops applying, defers to any later s24(1) salary determinations, and preserves a dispute procedure under the Fair Work Act."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation serves its original narrow purpose: establishing interim terms and conditions for a newly created agency. It does not expand beyond this remit, though it necessarily incorporates by reference the substantial Defence Enterprise Agreement."},"complexity_factors":["Extensive cross-referencing to the Defence Enterprise Agreement 2017-2020, which is not reproduced in full — readers must consult external document","Multiple amendment rules in section 7(2) requiring mental substitution of terms ('Defence' becomes 'Australian Submarine Agency', 'Secretary' becomes 'Agency Head')","Nested conditional logic in subsections 7(4)-(7) for salary adjustments with three explicit exceptions and a 'catch-up' provision to maximum salary","Three separate salary tables with 40+ classification levels, including broadbanded classifications, retained pay points, and qualification-based minimums","Four separate allowance tables with different payment frequencies (annual, weekly, daily, hourly) and 25+ distinct allowance types","Interaction clause (sections 7(9)-(11)) dealing with potential overlapping determinations under section 24(1) of the Public Service Act","9 defined terms in section 4, but several rely on external statutory definitions (Fair Work Act 2009, Public Service Act 1999)"],"plain_english_summary":"This determination applies the Defence Department’s workplace agreement (with specified modifications) to Australian Submarine Agency APS staff below Senior Executive Service, setting salary scales (including a 3% pay rise from 17 Aug 2023), allowances for special duties, and rules for transfers from Defence so entitlements like performance bonuses are preserved.  \n\nIt’s a temporary bridge to guarantee pay and conditions for transferred or new ASA employees while a standalone workplace agreement is negotiated."}},"importantCases":[],"_links":{"self":"/api/acts/public-service-terms-and-conditions-of-employment-australian-submarine-agency-determination-2023","history":"/api/acts/public-service-terms-and-conditions-of-employment-australian-submarine-agency-determination-2023/history","analysis":"/api/acts/public-service-terms-and-conditions-of-employment-australian-submarine-agency-determination-2023/analysis","conflicts":"/api/acts/public-service-terms-and-conditions-of-employment-australian-submarine-agency-determination-2023/conflicts","importantCases":"/api/acts/public-service-terms-and-conditions-of-employment-australian-submarine-agency-determination-2023/important-cases","documents":"/api/acts/public-service-terms-and-conditions-of-employment-australian-submarine-agency-determination-2023/documents"}}