{"id":"F2022L01174","name":"Public Service (Terms and Conditions of Employment) (Department of Climate Change, Energy, the Environment and Water) Determination 2022","slug":"public-service-terms-and-conditions-of-employment-department-of-climate-change-energy-the-environmen","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441515,"registerId":"F2022L01174-fast-fetch-1775956791775","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) (Department of Climate Change, Energy, the Environment and Water) Determination 2022","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?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nPublic Service (Terms and Conditions of Employment) (Department of Climate Change, Energy, the Environment and Water) Determination 2022\n\nI, Katy Gallagher, Minister for the Public Service, make the following determination.\n\nDated 3 September 2022\n\n \n\n \n\nKATY GALLAGHER\n\nKaty Gallagher\n\nMinister for the Public Service\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Application of this instrument to APS employees\n\n6 When this instrument ceases to apply to APS employees\n\n7 Terms and conditions of employment\n\n8 Procedure for dealing with disputes\n\n \n\n1  Name\n\n  This instrument is the Public Service (Terms and Conditions of Employment) (Department of Climate Change, Energy, the Environment and Water) Determination 2022.\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 The day after this instrument is registered. 7 September 2022\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 instrument is made under subsection 24(3) of the Public Service Act 1999.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Public Service Act 1999.\n\nDEE Agreement means the Department of the Environment and Energy Enterprise Agreement 2016‑2019, as in force immediately before the commencement of this instrument.\n\nNote: The DEE Agreement could in 2022 be viewed on the Fair Work Commission’s website (https://www.fwc.gov.au).\n\nDEE Salaries and Allowances Determination means the Determination under subsection 24(1) of the Public Service Act 1999 made on 30 September 2019 by the Secretary of the Department of the Environment and Energy.\n\nDepartment of Climate Change, Energy, the Environment and Water means the Department of that name referred to in the Administrative Arrangements Order made on 23 June 2022.\n\nDepartment of the Environment and Energy means the Department of that name referred to in the Administrative Arrangements Order made on 29 May 2019.\n\n5  Application of this instrument to APS employees\n\n  This instrument applies to an APS employee in the Department of Climate Change, Energy, the Environment and Water, other than an SES employee or an employee at a level equivalent to that of an SES employee.\n\n6  When this instrument ceases to apply to APS employees\n\n  This instrument ceases to apply to an APS employee if:\n\n (a) an enterprise agreement (other than the DEE Agreement) starts to apply to the employee (for the purposes of the Fair Work Act 2009); or\n\n (b) a workplace determination is made that covers the employee (for the purposes of the Fair Work Act 2009).\n\nNote: 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 APS employee to whom this instrument applies are the terms and conditions of employment set out in the DEE Agreement, as that Agreement has effect under this section.\n\nDEE Agreement—general\n\n (2) The DEE Agreement has effect as if:\n\n (a) a reference in the DEE Agreement to the Department of the Environment and Energy were a reference to the Department of Climate Change, Energy, the Environment and Water; and\n\n (b) a reference in the DEE Agreement to an employee covered by that Agreement were a reference to an APS employee to whom this instrument applies; and\n\n (c) a reference in the DEE Agreement to the Secretary of the Department of the Environment and Energy were a reference to the Secretary of the Department of Climate Change, Energy, the Environment and Water; and\n\n (d) clause 1.5 (nominal expiry date) of the DEE Agreement were omitted.\n\nSubstitution of DEE Agreement provisions—salary and allowance rates\n\n (3) The DEE Agreement has effect as if the columns of a table in Schedule 1, 3 or 4 to the DEE Agreement dealing with pay rates for classifications were omitted and substituted with the column dealing with salary rates for those classifications headed “2% increase ‑ 30 November 2021” in Table 1 in the Schedule to the DEE Salaries and Allowances Determination.\n\n (4) The DEE Agreement has effect as if the columns of the table in Schedule 2 to the DEE Agreement dealing with allowance rates were omitted and substituted with the column headed “2% increase ‑ 30 November 2021” in Table 2 in the Schedule to the DEE Salaries and Allowances Determination.\n\nSalary rates under this instrument if increased by a determination under subsection 24(1) of the Act\n\n (5) If a determination under subsection 24(1) of the Act provides for an increased amount of salary for a classification set out in a table in Schedule 1, 3 or 4 to the DEE Agreement, the pay rate that applies under subsection (3) of this section for that classification does not apply during the period that the determination is in effect.\n\n (6) If a determination under subsection 24(1) of the Act is made in relation to an individual employee to whom this instrument applies and the determination provides for an increased amount of salary for that employee, the pay rate that applies under subsection (3) of this section for that employee does not apply during the period that the determination is in effect.\n\nAllowance rates under this instrument if increased by a determination under subsection 24(1) of the Act\n\n (7) If a determination under subsection 24(1) of the Act:\n\n (a) is made in relation to a group of employees to whom this instrument applies; and\n\n (b) provides for an increased amount of an allowance set out in the table in Schedule 2 to the DEE Agreement;\n\nthe allowance rate that applies under subsection (4) of this section for that allowance does not apply in relation to those employees during the period that the determination is in effect.\n\n (8) If a determination under subsection 24(1) of the Act:\n\n (a) is made in relation to an individual employee to whom this instrument applies; and\n\n (b) provides for an increased amount of an allowance set out in the table in Schedule 2 to the DEE Agreement;\n\nthe allowance rate that applies under subsection (4) 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  For the avoidance of doubt, clauses 2.24 to 2.31 (resolution of agreement disputes) of the DEE Agreement, as that Agreement has effect under section 7 of this instrument:\n\n (a) are terms and conditions applying to an APS employee to which this instrument applies; and\n\n (b) for the purposes of paragraph 738(d) of the Fair Work Act 2009, are terms that provide a procedure for dealing with disputes arising under this instrument.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument mechanically carries forward the DEE Agreement to a renamed department and updates references and pay/allowance columns; it does not broaden or narrow the class of employees beyond those in section 5 (excludes SES/equivalent). It omits the Agreement’s nominal expiry (section 7(2)(d)), substitutes salary and allowance columns with the 2%‑increase column from the DEE Salaries and Allowances Determination (sections 7(3)–(4)), and provides that it ceases when another enterprise agreement or a Fair Work workplace determination applies (section 6)."},"complexity_factors":["Reliance on and cross‑reference to external instruments (DEE Agreement and DEE Salaries and Allowances Determination) rather than containing stand‑alone terms (sections 4, 7).","Substitution of specific pay and allowance table columns rather than simple adoption, creating point‑in‑time rate linkage (section 7(3)–(4)).","Interaction and precedence rules with future determinations under subsection 24(1) of the Public Service Act 1999, including group and individual determinations (sections 7(5)–(8)).","Defined scope and exclusions (APS employees of the named department; exclusion of SES/equivalent) and clear cessation triggers tied to Fair Work instruments (sections 5–6).","Retention of dispute resolution procedures from the external DEE Agreement as the prescribed internal mechanism (section 8)."],"plain_english_summary":"This Determination applies the Department of the Environment and Energy Enterprise Agreement 2016–2019 to employees of the Department of Climate Change, Energy, the Environment and Water (excluding SES‑level staff), with references updated to the new department. It substitutes the DEE Agreement’s pay and allowance columns with the ‘2% increase – 30 November 2021’ columns from the DEE Salaries and Allowances Determination, removes the Agreement’s nominal expiry, preserves its dispute‑resolution process, and stops applying if another enterprise agreement or Fair Work workplace determination covers an employee."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a transitional instrument with a narrow, specific purpose: bridging employment terms during a machinery of government change. It does not expand beyond its original intent of temporarily applying modified legacy terms to staff in a newly created department until a new enterprise agreement is in place."},"complexity_factors":["Multiple layered instruments: The determination incorporates by reference the DEE Agreement (2016-2019) and the DEE Salaries and Allowances Determination (2019), requiring readers to cross-reference external documents","Conditional substitution logic in sections 7(3)-(8): Complex rules about when specific pay rates apply or don't apply based on subsequent determinations under subsection 24(1) of the Public Service Act","Nominal expiry date removal: Section 7(2)(d) omits a clause from the incorporated agreement, creating a modification that requires understanding of both documents","Interaction with Fair Work Act 2009: References to enterprise agreements and workplace determinations require familiarity with parallel legislative schemes","Department name substitution rules: Section 7(2) contains multiple 'as if' modifications mapping old department references to new department names"],"plain_english_summary":"This temporary workplace determination applies the former Department of the Environment and Energy’s 2016–2019 enterprise agreement (with updated 2021 pay and allowance tables) to APS employees of the newly formed DCCEEW, excluding SES/equivalent senior managers. It preserves dispute-resolution procedures and ensures enforceable pay and conditions until a new enterprise agreement or workplace determination takes effect."}},"importantCases":[],"_links":{"self":"/api/acts/public-service-terms-and-conditions-of-employment-department-of-climate-change-energy-the-environmen","history":"/api/acts/public-service-terms-and-conditions-of-employment-department-of-climate-change-energy-the-environmen/history","analysis":"/api/acts/public-service-terms-and-conditions-of-employment-department-of-climate-change-energy-the-environmen/analysis","conflicts":"/api/acts/public-service-terms-and-conditions-of-employment-department-of-climate-change-energy-the-environmen/conflicts","importantCases":"/api/acts/public-service-terms-and-conditions-of-employment-department-of-climate-change-energy-the-environmen/important-cases","documents":"/api/acts/public-service-terms-and-conditions-of-employment-department-of-climate-change-energy-the-environmen/documents"}}